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Kirby v. Elggren (In re Carmel of St. Joseph of Santa Ynez)
Donor of money to church for express purpose of buying real property is not entitled to constructive or resulting trust over property purchased.
Bankruptcy Aug. 26, 1999
Dicker v. Dye (In re Edelman)
Claim filed late in Chapter 7 case due to 1994 Northridge earthquake isn't entitled to be treated as timely.
Bankruptcy Aug. 26, 1999
Gertsch v. Johnson & Johnson Finance Corp. (In re Gertsch)
Summary judgment ruling that state court fraud judgment is nondischargeable for fraud is proper, but money judgment portion of ruling is not.
Bankruptcy Aug. 26, 1999
Beauchamp v. Hoose (In re Beauchamp)
Failure to disclose a bank account in an effort to conceal assets warrants denial of discharge despite eventual disclosure in response to Rule 2004 examination.
Bankruptcy Aug. 26, 1999
Lundell v. Ulrich (In re Lundell)
A bankruptcy court properly certifies an order determining damage to an estate as final, despite litigation that could produce a surplus in estate assets.
Bankruptcy Aug. 24, 1999
Lovell v. Stanifer (In re Stanifer)
Claim of debtor's former spouse for part of debtor's pension benefits is excepted from discharge under 11 U.S.C. Section 523(a)(4).
Bankruptcy Aug. 24, 1999
Bankruptcy of Shoen
State judgment requiring creditor to sell stock to debtor for principal amount plus interest isn't subject to prohibition of postpetition interest on unsecured claims.
Bankruptcy Aug. 6, 1999
Bankruptcy of Gruntz
State court ruling that automatic stay didn't apply in criminal case doesn't bind bankruptcy court to same conclusion.
Bankruptcy Aug. 6, 1999
Bankruptcy of P.R.T.C. Inc.
A bankruptcy trustee can transfer to a creditor the right to sue and avoid transactions.
Bankruptcy Aug. 6, 1999
Bankruptcy of George
60-day time period to reject a real estate lease applies to lease on property held in trust by city for public use.
Bankruptcy Aug. 6, 1999
Bankruptcy of Arden
Court must consider Bankruptcy Code's cap on damages for lease termination in determining claim compromise and plan confirmation issues.
Bankruptcy Aug. 6, 1999
Bankruptcy of Fraschilla
Intervening change in controlling legal authority allows bankruptcy court to deviate from appellate mandate.
Bankruptcy Aug. 6, 1999
Bankruptcy of Dunbar
Debtor may be entitled to an injunction prohibiting revocation of a contractor license, but not the collection of contractor's bond.
Bankruptcy Aug. 6, 1999
A.P. Esteve Sales Inc. v. Manning (In re Manning)
Debtor in foreign bankruptcy proceeding entitled to injunctive relief preventing the continuation of any action against debtor or any of its property.
Bankruptcy Aug. 5, 1999
Rowe v. Jackman (In re Rowe)
Joint debtors, living apart, may only claim one homestead exemption under Nevada law.
Bankruptcy Aug. 5, 1999
In re Bergeron
Court has power to grant discharge despite debtor's inability to attend creditors' meeting.
Bankruptcy Aug. 4, 1999
In re Hashemi
Bankruptcy litigants have no Seventh Amendment right to jury trial in dischargeability proceedings.
Bankruptcy Aug. 4, 1999
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination.
Bankruptcy Jul. 28, 1999
Bankruptcy of Wilborn
Court has authority to allow creditors to file dischargeability complaint up to 165 days after notice.
Bankruptcy Jul. 27, 1999
Bankruptcy of Medina
Court abuses discretion by refusing to allow IRS to set off its claim against debtors.
Bankruptcy Jul. 27, 1999
Bankruptcy of McDonell
Recording certified copy of federal money lien creates valid judgment lien on California realty.
Bankruptcy Jul. 27, 1999
Bankruptcy of Turner
Municipal court judgment entered after petition was filed isn't final for purposes of collateral estoppel.
Bankruptcy Jul. 27, 1999
Modern Financial Plans & Services Inc. v. Abele (In re Cohen)
Creditor receiving a cashier's check purchased with debtor's funds by the debtor's spouse isn't an 'initial transferee' for fraudulent transfer recovery.
Bankruptcy Jul. 27, 1999
Hill & Sandford v. Mirzai (In re Mirzai)
Bankruptcy court doesn't have jurisdiction to revise a fee award when timely appeal is pending.
Bankruptcy Jul. 27, 1999
Soderlund v. Cohen (In re Soderlund)
Court properly considers proofs of claim and unsecured portion of undersecured claims in converting Chapter 13 case to Chapter 7.
Bankruptcy Jul. 27, 1999
Bostanian v. Liberty Savings Bank
Action to set aside foreclosure sale of debtor's residence is property of bankruptcy estate.
Bankruptcy Jul. 26, 1999
Bankruptcy of Federated Group Inc.
Joining indenture trustee to involuntary bankruptcy doesn't extinguish debenture holders' claims as three qualifying creditors.
Bankruptcy Jul. 25, 1999
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination.
Bankruptcy Jul. 25, 1999
Bankruptcy of Jones
Surplus equity must exist in California homestead property at recording of judgment abstract for lien attachment.
Bankruptcy Jul. 19, 1999
Bostanian v. Liberty Savings Bank F.S.B.
Action to set aside foreclosure sale of debtor's residence is property of bankruptcy estate.
Bankruptcy Jul. 19, 1999