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Name Category Published
Bankruptcy of Sierra-Cal
Mandatory disallowance of claims applies in calculating hypothetical Chapter 7 liquidation under 'best interests test.' 		Bankruptcy Jun. 8, 2000
Bankruptcy of Geyer
Debtor can 'strip-off' lien on residence if lienholder's interest is totally unsecured. 		Bankruptcy Jun. 8, 2000
Educational Credit Management Corp. v. Bernal (In re Bernal)
Assignee of debtor's note may not intervene in adversary proceeding to determine dischargeability of underlying debt after assignor has defaulted. 		Bankruptcy Jun. 2, 2000
Palmer v. United States (In re Palmer)
Debtor's deemed admission of tax fraud in tax litigation does not have preclusive effect in subsequent bankruptcy litigation. 		Bankruptcy Jun. 1, 2000
Massoud v. Goldberger & Co. (In re Massoud)
Court can't review factual finding for clear error where entire transcript, and other relevant evidence considered by bankruptcy court, is not furnished. 		Bankruptcy May 19, 2000
Pioneer Liquidating Corp. v. United States Trustee (In re Consolidated Pioneer Mortgage Entities)
Case properly converted where party demonstrates unreasonable delay in accomplishing plan goals and fails to recognize duty to provide adequate accountings. 		Bankruptcy May 19, 2000
Wolf v. Salven (In re Wolf)
Debtor is not allowed exemption rights beyond those existing under California law at the time he filed his petition. 		Bankruptcy May 19, 2000
Curry v. Castillo (In re Castillo)
Trustee and staff are entitled to quasi-judicial immunity where they performed judicial function that required the exercise of discretionary judgment. 		Bankruptcy May 19, 2000
Drysdale v. Educational Credit Management Corp. (In re Drysdale)
Debtor's argument that court erred in retroactively applying judicial decisions is irrelevant where no controlling authority exists. 		Bankruptcy May 19, 2000
Kirtley v. Sovereign Life Insurance Company of California (In re Durability Inc.)
After granting summary judgment motion, court abuses its discretion if motion for reconsideration is denied without consideration of affidavit containing material information. 		Bankruptcy May 17, 2000
Fireman's Fund Insurance Companies v. Miles, Wright, Finley, & Zak (In re McColm)
Only district court has jurisdiction to hear appeals from bankruptcy court involving final judgments, orders and decrees and interlocutory orders and decreees. 		Bankruptcy May 10, 2000
Ward v. California Board of Equalization (In re Artisan Woodworkers)
Post-petition interest on nondischargeable tax debt is also nondischargeable. 		Bankruptcy May 5, 2000
Farrar v. McKown (In re McKown)
IRA account is exempt from bankruptcy estate and is, therefore, shielded from creditors. 		Bankruptcy May 5, 2000
Garner v. Shier (In re Garner)
Proof of claim constitutes prima facie evidence as to validity and amount where it is executed and filed correctly under Bankruptcy Rules. 		Bankruptcy Apr. 20, 2000
Sanders v. Vaughn (In re Sanders)
Order 		Bankruptcy Apr. 5, 2000
Gruntz v. County of Los Angeles (In re Gruntz)
Automatic stay doesn't enjoin state's criminal prosecution of debtor. 		Bankruptcy Mar. 30, 2000
Anderson v. Ganis Credit Corp. (In re Weilert R.V. Inc.)
Preferential payments fall within "ordinary course of business" exception only if relevant industry would consider payment made according to ordinary business terms. 		Bankruptcy Mar. 24, 2000
Dent Wizard International Corp. v. Timmell (In re Timmell)
Where there is no proof of intent to defraud, revocation of discharge is not justified. 		Bankruptcy Mar. 24, 2000
In re Ioane
Court cannot lift automatic stay because debtor's case was previously dismissed. 		Bankruptcy Mar. 24, 2000
In re Khoe
Government does not violate discharge injunction where tax liability was not discharged by prior bankruptcy case. 		Bankruptcy Mar. 24, 2000
Swinney v. Perton (In re Perton)
Novation is not created where there is neither new consideration or express language extinguishing all prior claims. 		Bankruptcy Mar. 24, 2000
In re Vernon
Temporary absence from declared homestead does not constitute abandonment of homestead or terminate right to claim exemption. 		Bankruptcy Mar. 24, 2000
In re Weeks
Nondischargeable debts are not subject to discharge injunction. 		Bankruptcy Mar. 24, 2000
In re Young
Compromise is fair and reasonable where it avoids significant expenditure of estate assets and risk of having claim allowed in higher amount. 		Bankruptcy Mar. 24, 2000
In re Westar Paving Inc.
Where case is converted after 1994 amendments to Bankruptcy Code Section 326(a), pre-1994 fee formula determines maximum compensation payable to trustee. 		Bankruptcy Mar. 24, 2000
Malone v. Norwest Financial California Inc.
Where there is private cause of action and right to jury trial, referral to bankruptcy court is not appropriate. 		Bankruptcy Mar. 24, 2000
Fernandez v. GE Capital Mortgage Services Inc. (IN re Fernandez)
Debtor's bankruptcy case is properly dismissed where he fails to establish excusable neglect. 		Bankruptcy Mar. 24, 2000
McClure v. Northwest Education Loan Association (In re McClure)
Appeals court cannot entertain issue where it was not reviewed by Bankruptcy Appellate Panel, nor affected by the appellate panel's judgment. 		Bankruptcy Mar. 24, 2000
Kaura v. Amato (In re Kaura)
Debtor is entitled to discharge, despite failing to disclose assets. 		Bankruptcy Mar. 24, 2000
Lurie v. Blackwell
District court properly relied on Barton doctrine in dismissing action for lack of subject matter jurisdiction. 		Bankruptcy Mar. 24, 2000
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