Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-35877
|
Lurie v. Blackwell
District court properly dismissed case for lack of subject matter jurisdiction. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-56653
|
San Paolo U.S. Holding Co. Inc. v. Neilson (In re McNall)
Trustee's avoidance action cannot be defeated where there is no evidence that fraudulently conveyed funds were taken in good faith. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-36078
|
Wyatt v. Kaufman (In re Wyatt)
Appeal dismissed for lack of jurisdiction where district court decision is not final appealable decision. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-17121
|
Knauss v. Ancell (In re Knauss)
Appeal is properly dismissed without finding bankruptcy court contempt order moot. |
Bankruptcy |
|
Mar. 24, 2000 | |
98-2288, 98-2296 and 98-2300
|
Carpenter v. Williams (In re Carpenter and Laura Carpenter Fine Art Inc.)
Opinion |
Bankruptcy |
|
Mar. 22, 2000 | |
98-55846
|
Durkin v. Benedor Corp. (In re G.I. Industries Inc.)
Bankruptcy court may adjudicate executory contract's validity pursuant to valid proof of claim even after trustee has rejected contract. |
Bankruptcy |
|
Mar. 21, 2000 | |
99-1038
|
Sysco Food Services of Seattle Inc. v. Country Harvest Buffet Restaurants Inc. (In re Country Harvest Buffet Restaurants Inc.)
Debtor, as restaurant chain, is subject to provisions of Perishable Agricultural Commodities Act. |
Bankruptcy |
|
Mar. 21, 2000 | |
99-1523
|
Vu v. Kendall (In re Vu)
Post-petition appreciation on debtors' residence is estate property without regardless of whether residence as of petition date. |
Bankruptcy |
|
Mar. 21, 2000 | |
98-1845
|
AT&T Universal Card Services Corp. v. Pham (In re Pham)
State law determines whether creditor may recover attorney fees via contractual provision for successfully litigating nondischargeability action. |
Bankruptcy |
|
Mar. 21, 2000 | |
99-1446
|
Baldwin v. Kilpatrick (In re Baldwin)
Default judgment against debtor for assault and battery is nondischargeable debt under Bankruptcy Code Section 523(a)(6). |
Bankruptcy |
|
Mar. 6, 2000 | |
97-55671
|
Avalanche Maritime Ltd. v. Parekh (In re Parmetex Inc.)
Under pre-1994 Bankruptcy Code, statute of limitations for avoidance actions begins to run from date of interim trustee's appointment, not date of permanent trustee's qualification. |
Bankruptcy |
|
Mar. 3, 2000 | |
98-55636
|
Mora v. Vasquez (In re Mora)
Placing cashier's check in mail does not constitute 'delivery' for purposes of avoiding postpetition transfer. |
Bankruptcy |
|
Mar. 3, 2000 | |
98-16455
|
BFOW Inc. v. Hurt (In re Hurt)
Even though bankruptcy court could have adopted lesser sanction, it isn't an abuse of discretion to impose harsher one. |
Bankruptcy |
|
Feb. 29, 2000 | |
99-3802
|
Towers v. Boyd (In re Boyd)
Actual notice of trustee's intent to file objection to debtor's claim exemption isn't sufficient to comply with strict time requirements. |
Bankruptcy |
|
Feb. 29, 2000 | |
96-46735
|
Aerocon Engineering Inc. v. Silicon Valley Bank (In re World Auxiliary Power Company)
Secured creditor may perfect security interest in unregistered copyright in accordance with state law by filing UCC-1 financing statement. |
Bankruptcy |
|
Feb. 29, 2000 | |
98-16174
|
In re Enriquez
11 U.S.C. Section 1322 prohibits stripping off wholly unsecured consensual lien on property that is debtor's principal residence. |
Bankruptcy |
|
Feb. 29, 2000 | |
97-20888
|
Levernier v. Student Loan Marketing Association (In re Levernier)
Loan to consolidate student loan debt falls within scope of 11 U.S.C. Section 523(a)(8). |
Bankruptcy |
|
Feb. 29, 2000 | |
98-36713
|
Nahman v. Jacks (In e Jacks)
Where debtor's wrongful conduct makes corporation insolvent, corporate creditor has not claim for defalcation by a fiduciary. |
Bankruptcy |
|
Feb. 29, 2000 | |
91-43546
|
Wright v. United States (In re Wright)
Debtor's tax penalties are dischargeable, but the principal and interest portions on his tax obligations were not. |
Bankruptcy |
|
Feb. 29, 2000 | |
98-56815
|
Dorame v. Han (In re Park)
Post-judgment order on cost or fees doesn't affect finality of a judgment, which attaches when judgment is entered. |
Bankruptcy |
|
Feb. 29, 2000 | |
99-15260
|
Prater v. Flinn (In re Prater)
Debtor's income was insufficient for him to be classified as a farmer under bankruptcy code. |
Bankruptcy |
|
Feb. 29, 2000 | |
99-5081
|
Dill v. The Southland Corp. (In re LMS Holding Co.)
Order |
Bankruptcy |
|
Feb. 24, 2000 | |
99-35349
|
Bossert v. United States of America, IRS (In re Rudy Bossert)
Post-petition interest on nondischargeable tax debt is also nondischargeable. |
Bankruptcy |
|
Feb. 24, 2000 | |
99-250
|
Harmon v. Kobrin
State court default judgment, which is based on alternative grounds, is entitled to preclusive effect in dischargeability proceedings. |
Bankruptcy |
|
Feb. 17, 2000 | |
98-15017
|
Farrar v. McKown (In re McKown)
IRA account is exempt from bankruptcy estate and is, therefore, shielded from creditors. |
Bankruptcy |
|
Feb. 14, 2000 | |
98-1478
|
Salim Investments Ltd. v. Benton (In re CSI Enterprises Inc.)
Order |
Bankruptcy |
|
Feb. 9, 2000 | |
98-1724
|
Petralia v. Jercich (In re Jercich)
Claim for tortious breach of implied contractual covenant of good faith and fair dealing is dischargeable under 11 U.S.C. Section 523(a)(6). |
Bankruptcy |
|
Feb. 9, 2000 | |
99-1122
|
Goldberg v. Ellett (In re Ellett)
Bankruptcy court has jurisdiction over debtor's action to enjoin post-discharge collection efforts by state taxing agency. |
Bankruptcy |
|
Feb. 9, 2000 | |
95-04222
|
Bankruptcy of Haines
Community property debts arising out of prior marriage of debtor are nondischargeable. |
Bankruptcy |
|
Feb. 8, 2000 | |
96-2196
|
Bankruptcy of Barrack
Abuse of process and fraudulent promise allegations are sufficient to avoid dismissal of nondischargeability claim. |
Bankruptcy |
|
Feb. 8, 2000 |