Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B115869
|
The Office of Statewide Health Planning and Development v. Musick, Peeler & Garret
Special representative has standing to prosecute legal malpractice claim on behalf of bankruptcy estate. |
Bankruptcy |
|
Jan. 28, 2000 | |
98-43981
|
Crain v. PSB Lending Corporation (In re Crain)
Lien secured only by debtor's primary residence isn't voidable in Chapter 11 and 13 cases. |
Bankruptcy |
|
Jan. 25, 2000 | |
99-1189
|
Fogal Legware of Switzerland Inc. v. Wills (In re Wills)
Statement or omission relating to asset that is of little value can be material if it detrimentally affects estate's administration. |
Bankruptcy |
|
Jan. 25, 2000 | |
99-1441
|
Katz v. Pike (In re Pike)
Judicial lien, recorded before debtor's declared homestead, may be avoided when it impairs debtor's homestead exemption. |
Bankruptcy |
|
Jan. 25, 2000 | |
98-1728
|
Ferm v. U.S. Trustee (In re Crowe)
Bankruptcy court has subject matter jurisdiction to impose sanctions and injunctive relief against petition preparer under Bankruptcy Code. |
Bankruptcy |
|
Jan. 25, 2000 | |
98-2198
|
Behles-Giddens P.A. v. Angel Project I Ltd.
Order |
Bankruptcy |
|
Jan. 24, 2000 | |
98-1883
|
Smith v. Lachter (In re Smith)
Under doctrine of res judicata and due process, bankruptcy court cannot enter money judgment in conjunction with nondischargeability judgment. |
Bankruptcy |
|
Jan. 12, 2000 | |
98-1890 and 99-1045
|
Cukierman v. Uecker (In re Cukierman)
Postpetition payments required under debtor's lease for obligations embodied in promissory notes constitute rent entitled to administrative priority. |
Bankruptcy |
|
Jan. 12, 2000 | |
99-1346
|
National Loan Investors L.P. v. Brewster (In re Brewster)
Creditor's motion to vacate or alter order confirming plan, filed within 10 days of entry of order, tolls time to appeal confirmation. |
Bankruptcy |
|
Jan. 12, 2000 | |
98-1832
|
County of Sacramento v. Foross (In re Foross)
Postpetition interest on nondischargeable child support obligations is not dischargeable. |
Bankruptcy |
|
Jan. 12, 2000 | |
99-1010
|
Wells Fargo Bank v. Guy F. Atkinson Co. of California (In re Guy F. Atkinson Co. of California)
Entity other than trustee may negotiate settlement for debtor's estate if sufficient reason exists and settlement will maximize estate for all creditors. |
Bankruptcy |
|
Jan. 12, 2000 | |
99-1371
|
Flegel v. Burt & Associates (In re Kallmeyer and Flegel)
Oregon's trust fund doctrine imposes fiduciary obligation upon corporate directors within the meaning of Bankruptcy Code Section 524(a)(4). |
Bankruptcy |
|
Jan. 12, 2000 | |
98-61144
|
Ortiz v. Household finance Corporation (In re Ortiz)
Junior lien on debtors' residence can't be treated as wholly unsecured in Chapter 13 case. |
Bankruptcy |
|
Jan. 11, 2000 | |
98-16944
|
Price v. Galper (In re Price)
Petition is dismissed for cause where there is ample evidence in record to support such a ruling. |
Bankruptcy |
|
Jan. 11, 2000 | |
98-90021
|
Apex Wholesale Inc. v. Blanchard (In re Blanchard)
Equitable tolling doesn't apply to time limitation period set forth in Section 727(e)(2) for filing complaint for revocation of discharge. |
Bankruptcy |
|
Jan. 11, 2000 | |
98-53331
|
In re Pitt
Post-petition interest on nondischargeable support debt, paid through Chapter 13 plan, remained to be paid after completion of plan. |
Bankruptcy |
|
Jan. 11, 2000 | |
91-76386
|
In re Stemple & Boyajian
Bankruptcy estate can remain open in order to collect remaining settlement referral fees. |
Bankruptcy |
|
Jan. 11, 2000 | |
98-15942
|
Great Lakes Higher Education Corp. v. Pardee (In re Pardee)
Creditor, who didn't object to Chapter 13 plan or confirmation order, waives right to attack plan postconfirmation for improperly discharging debt. |
Bankruptcy |
|
Dec. 30, 1999 | |
97-16711
|
Investors Thrift v. Lam (In re Lam)
Bankruptcy creditor forfeits right to appeal from entry of default by failing to seek relief in the court where default was entered. |
Bankruptcy |
|
Dec. 30, 1999 | |
97-16646 and 97-16653
|
Ferm v. U.S. Trustee (In re Crawford)
Fine imposed against nonattorney bankruptcy petition preparer for not disclosing social security number does not violate preparer's constitutional or privacy rights. |
Bankruptcy |
|
Dec. 30, 1999 | |
99-1080
|
O'Melveny & Myers v. Hopkins
Order |
Bankruptcy |
|
Dec. 28, 1999 | |
98-3637
|
Figone v. Spear (In re GFS Creations Inc.)
Trustee does not have to pay administrative claim for rental of entire warehouse where only portion of property is used. |
Bankruptcy |
|
Dec. 27, 1999 | |
98-6430
|
Asset Restructuring Fund L.P. v. Spitz
Order |
Bankruptcy |
|
Dec. 27, 1999 | |
95-55912
|
Ramirez v. Sharp (In re Ramirez)
Appellate jurisdiction does not exist where the order is not final. |
Bankruptcy |
|
Dec. 27, 1999 | |
98-35189
|
Seal v. Rimrock Tech Services Inc. (In re Rimrock Tech Services Inc.)
Substantial consummation of reorganization plan renders appeal moot. |
Bankruptcy |
|
Dec. 27, 1999 | |
99-2838
|
Hexcel Corporation v. Stepan Company (In re Hexcel Corporation)
Future claim that cannot be contemplated by parties is not discharged in prior bankruptcy proceeding. |
Bankruptcy |
|
Dec. 27, 1999 | |
98-40113
|
Bankruptcy Receivables Management v. de Armond
Fiduciary duty requires turn-over of settlement proceeds to trustee for distribution among creditors. |
Bankruptcy |
|
Dec. 26, 1999 | |
98-43830
|
In re Gutterman
Motion for reconsideration of court's order granting an employment application nunc pro tunc is denied because exceptional circumstances exist. |
Bankruptcy |
|
Dec. 26, 1999 | |
98-21853
|
In re Hurdle
Trustee's objection to debtors' claimed exemption in past royalty payments is time barred, but trustee is not barred from collecting future royalty payments. |
Bankruptcy |
|
Dec. 26, 1999 | |
97-50524
|
Peel v. SallieMae Servicing-Heal Loan (In re Peel)
Debtor's student loan is dischargeable for undue hardship where debtor showed that he could not maintain a minimal standard of living if force to repay loan. |
Bankruptcy |
|
Dec. 26, 1999 |