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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
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
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
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
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
Behles-Giddens P.A. v. Angel Project I Ltd.
Order
Bankruptcy Jan. 24, 2000
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
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
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
County of Sacramento v. Foross (In re Foross)
Postpetition interest on nondischargeable child support obligations is not dischargeable.
Bankruptcy Jan. 12, 2000
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
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
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
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
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
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
In re Stemple & Boyajian
Bankruptcy estate can remain open in order to collect remaining settlement referral fees.
Bankruptcy Jan. 11, 2000
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
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
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
O'Melveny & Myers v. Hopkins
Order
Bankruptcy Dec. 28, 1999
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
Asset Restructuring Fund L.P. v. Spitz
Order
Bankruptcy Dec. 27, 1999
Ramirez v. Sharp (In re Ramirez)
Appellate jurisdiction does not exist where the order is not final.
Bankruptcy Dec. 27, 1999
Seal v. Rimrock Tech Services Inc. (In re Rimrock Tech Services Inc.)
Substantial consummation of reorganization plan renders appeal moot.
Bankruptcy Dec. 27, 1999
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
Bankruptcy Receivables Management v. de Armond
Fiduciary duty requires turn-over of settlement proceeds to trustee for distribution among creditors.
Bankruptcy Dec. 26, 1999
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
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
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