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Beam v. IRS (In re Beam)
A trustee must honor an IRS notice of levy on funds deposited by debtors into an unconfirmed Chapter 13 plan.
Bankruptcy Jun. 15, 2000
Hartford Underwriters Ins. Co. v. Union Planters Bank
Administrative claimant does not have independent right to seek payment from property encumbered by secured creditor's lien.
Bankruptcy Jun. 14, 2000
Lares v. West One Bank (In re Lares)
Proceeds from sale of debtor's home aren't protected from lender's setoff based on personal guarantee by statute exempting them from attachment, execution, or forced sale.
Bankruptcy Jun. 14, 2000
Bankruptcy of Lowenschuss
Plan confirmation order is vacated based on error in determining that pension plan was not part of bankruptcy estate.
Bankruptcy Jun. 14, 2000
Investment Materials Corporation v. First Interstate Bank of Nevada (In re Nevada Equipment Wholesalers Inc.)
Plaintiff is entitled, and has sole claim, to proceeds held in trust account resulting from sale of specific inventory.
Bankruptcy Jun. 14, 2000
Bebensee-Wong v. Federal National Mortgage Ass'n
Relief from automatic stay appropriate when trustee's deed recorded within grace period provided by California Civil Code Section 2924h(c).
Bankruptcy Jun. 13, 2000
Slack v. Wilshire Insurance Co.
Debt in Chapter 13 bankruptcy proceeding can be liquidated even though liability is disputed.
Bankruptcy Jun. 13, 2000
Dorame v. Seh (In re Dorame)
Where notice of appeal is untimely, the court lacked jurisdiction to hear appeal.
Bankruptcy Jun. 12, 2000
National Environmental Waste Corp. v. Stephens, Berg & Lasaster (In re National Environmental Waste Corp.)
State statue of limitations is extended for corporation in reorganization when recovery of claim will substantially benefit estate.
Bankruptcy Jun. 12, 2000
Wood v. Divelbiss & Divelbiss (In re Wood)
Party has standing where she manifested her intent to appeal in the notice of appeal itself and subsequent submissions.
Bankruptcy Jun. 12, 2000
O'Rourke v. Kipperman (In re: Superior Crane & Rigging Inc.)
Dismissal is warranted where defendant can prove not set of facts in support of his claim which would entitle him to relief.
Bankruptcy Jun. 9, 2000
Bankruptcy of Zapanta
Attorney's act of cashing checks for prepetition services is violation of automatic stay.
Bankruptcy Jun. 9, 2000
Bankruptcy of Hakim
Automatic stay relief is warranted to pursue asset ownership litigation in federal and foreign courts.
Bankruptcy Jun. 9, 2000
Chiarello v. Samson (In re Samson)
Nonjudicial arbitration proceeding should not be given collateral estoppel effect under California law.
Bankruptcy Jun. 9, 2000
Luo v. Li (In re Luo)
State court sanctions must be reconsidered in light of new case law which modified the elements of nondischargeability under section 523(a)(6).
Bankruptcy Jun. 9, 2000
Herbert v. United States (In re Herbert)
Fees and sanctions were limited where party failed to submit adequate proof of damages they incurred.
Bankruptcy Jun. 9, 2000
Smith v. Arizona State Land Department (In re: Garcia)
Land sale contract between debtors and Arizona state Land Department is an executory contract pursuant to Section 365.
Bankruptcy Jun. 9, 2000
Pena v. Halpern (In re Halpern)
Undisclosed sale of partnership did not require finding of nondischargeability.
Bankruptcy Jun. 9, 2000
Giordano v. Opportunity Management Inc. (In re Giordano)
Court didn't abuse its discretion by converting Chapter 11 case where there was no reasonable likelihood of estate's rehabilitation.
Bankruptcy Jun. 9, 2000
California Coast Development Group Inc. v. Malloy (In re Royal Palms Retirement Center)
Default judgment should be vacated where no behavior occurred to satisfy the level of culpability required.
Bankruptcy Jun. 9, 2000
Coleman v. Belgrave Entertainment Associates (In re Coleman)
Collateral estoppel precludes relitigation of the issue of defalcation.
Bankruptcy Jun. 9, 2000
Bankruptcy of Maruko
Co-owners who filed cancellation claims in Japanese proceedings are entitled to sale proceeds share.
Bankruptcy Jun. 9, 2000
Bankruptcy of Serrato
Trustee can recover equity value of quit claimed property under California fraudulent conveyance statutes.
Bankruptcy Jun. 9, 2000
Universal City Studios Credit Union v. Kogan (In re Ross)
Debtor's lack of fraudulent intent is supported by evidence that he provided the pink slips for the vehicles at issue.
Bankruptcy Jun. 9, 2000
Hill & Sanford v. Mirzai (In re Mirzai)
Fees can be denied to attorney who willfully failed to disclose connection with debtor, creditors and any other party in interest.
Bankruptcy Jun. 9, 2000
Adamian v. American Alliance Capital Group (In re Adamian)
Summary judgment is inappropriate where a genuine disputes exists as to whether Debtor complied with stipulated order.
Bankruptcy Jun. 9, 2000
Branam v. Crowder (In re Branam)
Where jury knew definition of willful, the verdict in prior proceeding also necessarily established final element of nondischargeability under Section 523(a)(6).
Bankruptcy Jun. 9, 2000
Cedic Development Company v. See ( In re Cedic Development Company)
Owner of tract of land adjacent to another tract doesn't have right to use field located on that tract.
Bankruptcy Jun. 9, 2000
County of Orange v. Mission Hospital Regional Medical Center (In re County of Orange)
Refunds on personal property taxes are permitted under Section 271(a)(3)
Bankruptcy Jun. 9, 2000
Bankruptcy of Bagne
Chapter 13 plan must provide market interest rate on debt secured solely by personal residence.
Bankruptcy Jun. 9, 2000