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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
In re Albrecht
In bankruptcy, pre-approval of attorney fees are not retroactively warranted on equitable grounds. 		Bankruptcy Dec. 7, 2000
Jacoway v. Wolfe (In re Jacoway)
Bankruptcy court errs in failing to consider whether debtor's Individual Retirement Account was designed and used principally for retirement purposes. 		Bankruptcy Dec. 3, 2000
Stine v. Flynn (In re Stine)
Creditor in dischargeability action fails to establish award of attorney fees to debtor is unjust or not warranted by special circumstances. 		Bankruptcy Nov. 15, 2000
Riggs v. Rosania (In re Miller)
Order 		Bankruptcy Nov. 14, 2000
MBNA America v. Locke (In re Greene)
The Federal Rules of Bankruptcy Procedure do not and cannot extend 90 day preference period. 		Bankruptcy Nov. 3, 2000
McIntyre v. United States (In re McIntyre)
Internal Revenue Service may levy ERISA-regulated pension benefits to satisfy husband's tax debt. 		Bankruptcy Nov. 3, 2000
Lundell v. Anchor Construction Specialists (In Re Lundell)
Bankruptcy court properly allocated burden of proof of invalidity of claim on debtor by discounting his testimony. 		Bankruptcy Nov. 3, 2000
Salisbury v. Mirage Resorts Inc. (In Re Mizuno)
Statute of limitations for bankruptcy proceeding does not run on date creditor is appointed as functional equivalent to debtor in possession. 		Bankruptcy Nov. 3, 2000
Sims v. U.S. Dept. of Health and Human Services (In Re TLC Hospitals Inc.)
Prepayments made to Medicare health services provider before it files bankruptcy petition may be deducted from post-petition overpayments. 		Bankruptcy Nov. 3, 2000
In re Fillbach
Court can dismiss petition filed in attempt to circumvent vexatious litigant order entered by bankruptcy court. 		Bankruptcy Nov. 2, 2000
Poole v. Smith (In Re Poole)
Attorney admitted to practice in federal district court may not be denied fees for not being member of that state's bar. 		Bankruptcy Nov. 2, 2000
Adams v. Anderson (In re Superior Stamp & Coin Co. Inc.)
Third party loan to debtor specified for repayment of particular debt doesn't fall outside scope of 'earmarking doctrine' because not paid directly to creditor. 		Bankruptcy Nov. 2, 2000
Manchester v. Annis
Tax refund may not be exempted from bankruptcy estate because it is not earnings from personal services. 		Bankruptcy Oct. 24, 2000
Polo Building Group Inc. v. Rakita (In re Shubov)
Sanctions award that is procedurally defective because it violates 'safe harbor' provision may be affirmed under different federal law. 		Bankruptcy Oct. 22, 2000
Disalvo v. PeJoTc (In re Disalvo)
Chapter 11 Debtor who pursues rights as debtor-in-possession in nondischargeability litigation is barred from advancing debtor-in-possession claims in same forum. 		Bankruptcy Oct. 5, 2000
County of Santa Cruz v. Cervantes (In re: Cervantes)
Absent parents' debt to county for prejudgment payments cannot be discharged in bankruptcy. 		Bankruptcy Oct. 5, 2000
Omega Environmental Inc., v. Valley Bank NA (In re Omega Environmental Inc.)
Under the UCC, bank perfects its security interest in certificate of deposit by possession. 		Bankruptcy Oct. 5, 2000
Cedic Development Co. v. Warnicke
Rates that do not take into account results obtained or risk of nonpayment warrant enhancement of lodestar to provide attorneys reasonable compensation. 		Bankruptcy Oct. 5, 2000
Spirtos v. Moreno (In re Spirtos)
Creditor has 30 days after notice of termination of automatic stay in debtor's estate to renew judgment. 		Bankruptcy Oct. 4, 2000
Smith v. Kennedy (In Re Smith)
Adjournment of creditors' hearing 'until further notice' does not conclude the hearing. 		Bankruptcy Oct. 4, 2000
Kadjevich v. Kadjevich (In re Kadjevich)
Creditor's claim for attorney fees arising from prepetition fraud action against debtor is not given administrative-expense priority. 		Bankruptcy Oct. 4, 2000
United States v. Hatton (In re Hatton)
Outstanding tax liability requiring tax return to be filed renders debt non-dischargeable. 		Bankruptcy Oct. 4, 2000
Roosevelt v. Ray (In re Roosevelt)
Wife's interest in husband's legal education has no value when education was neither paid for with community funds nor increased husband's earning capacity. 		Bankruptcy Oct. 4, 2000
Pletz v. United States (In re Pletz)
Debtor's interest in property held with nondebtor spouse as tenants by entirety must be valued to reflect concurrent interests of both spouses. 		Bankruptcy Oct. 4, 2000
Dolven v. Bartleson (In re Bartleson)
Creditor of nondischargeable debt may exercise collection rights outside reorganization plan that does not expressly preclude such activity. 		Bankruptcy Oct. 2, 2000
Vasquez v. Adair (In re Adair)
Absent request for further information by trustee, debtor does not have ongoing duty to update information in bankruptcy schedules. 		Bankruptcy Oct. 2, 2000
Gerwer v. Salzman (In re Gerwer)
Debtor may not direct payment from third party toward nondischargeable portion of debt. 		Bankruptcy Oct. 2, 2000
Olson v. Derham-Burk (In re Olson)
Individual debtor may not amend bankruptcy petition under Chapter 13 to include joint petition from spouse. 		Bankruptcy Oct. 2, 2000
Williamson v. Jones (In re Montgomery)
Order 		Bankruptcy Sep. 20, 2000
Homestead Golf Club Inc. v. Pride Stables
Oral discussion does not lead to a binding contract when material terms are omitted. 		Bankruptcy Sep. 20, 2000
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