| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-56511 and 96-55364
|
Bankruptcy of Gergely
Doctor isn't entitled to discharge of obstetric malpractice debt if misrepresentation to baby/creditor's mother. |
Bankruptcy |
|
Jul. 9, 1999 | |
|
96-04033
|
Bankruptcy of Mitchell
Removal statute cannot be used to remove pending district court action to same district court. |
Bankruptcy |
|
Jul. 9, 1999 | |
|
95-17269
|
Bankruptcy of Baroff
Dischargeability action's prevailing party receives attorney fees after enforcement of settlement under state law. |
Bankruptcy |
|
Jul. 7, 1999 | |
|
95-16119 and 95-16776
|
Bankruptcy of Bishop, Baldwin, Rewald, Dillingham & Wong Inc.
Bankruptcy rule requiring statement of issues doesn't limit party's ability to appeal from bankruptcy judgment. |
Bankruptcy |
|
Jul. 7, 1999 | |
|
95-55423
|
Bankruptcy of Advent Management Corp.
Creditor claiming constructive trust over debtor's commingled funds must trace funds to underlying illegal transfer. |
Bankruptcy |
|
Jul. 6, 1999 | |
|
95-16780
|
Bankruptcy of Biggar
Installment contract for legal services calling for post-petition payments is dischargeable. |
Bankruptcy |
|
Jul. 5, 1999 | |
|
96-55039
|
Bankruptcy of Yepremian
Deposition testimony of unrecorded joint venture doesn't establish priority of equitable interest over subsequent recording. |
Bankruptcy |
|
Jul. 3, 1999 | |
|
96-55356
|
Bankruptcy of Figter Limited
Sole secured creditor can acquire majority of unsecured claims in order to defeat reorganization plan. |
Bankruptcy |
|
Jul. 3, 1999 | |
|
98-1393
|
Bankruptcy of The Leisure Corp.
A debtor is not prohibited, as a matter of law, from exercising a postpetition lease renewal due to postpetition lease defaults. |
Bankruptcy |
|
Jul. 1, 1999 | |
|
96-454
|
Associates Commercial Corp. v. Rash
In Chapter 13 plan, value of creditor's collateral is determined by the 'replacement-value' standard. |
Bankruptcy |
|
Jun. 30, 1999 | |
|
95-1856
|
Bankruptcy of Weiner
Knowing undervaluation of an estate asset warrants denial of discharge. |
Bankruptcy |
|
Jun. 30, 1999 | |
|
96-1871
|
Bankruptcy of Greenfield Drive Storage Park
Material default in plan performance justifies conversion from Chapter 11 to Chapter 7. |
Bankruptcy |
|
Jun. 30, 1999 | |
|
96-1647
|
Bankruptcy of Southern California Plastics Inc.
Bankruptcy Code Section 108(c) tolls California's three-year automatic expiration of prejudgment attachment lien. |
Bankruptcy |
|
Jun. 30, 1999 | |
|
96-1816
|
Bankruptcy of Jerauld
For discharge exception, failure to file tax report isn't same as failure to file return. |
Bankruptcy |
|
Jun. 30, 1999 | |
|
95-55864
|
Bankruptcy of Coupon Clearing Service Inc.
Creditor's failure to establish agency/trust relationship with debtor allows summary judgment for another creditor. |
Bankruptcy |
|
Jun. 29, 1999 | |
|
97-56108
|
Richmond v. United States
The Internal Revenue Service is entitled to additional time to assert a deficiency tax assessment where it does not get notice of lifting of automatic stay. |
Bankruptcy |
|
Jun. 29, 1999 | |
|
97-56407
|
Bankruptcy of Turley
Proceeds from noncertified share in racing team are general intangibles and not subject to Article 8 security interest. |
Bankruptcy |
|
Jun. 29, 1999 | |
|
97-15684
|
Bankruptcy of Tuli
Court which raises issue of jurisdiction over foreign government must allow the plaintiff to establish minimum contacts. |
Bankruptcy |
|
Jun. 29, 1999 | |
|
96-1370
|
Fidelity Fin. Serv. v. Fink
Security interest "perfected" for enabling loan defense only if state requirements satisifed within twenty days. |
Bankruptcy |
|
Jun. 28, 1999 | |
|
95-17058
|
Bankruptcy of Hamilton Taft & Co.
No avoidance of stockbroker's prepetition security transfer to third party at debtor's direction in reverse repurchase transaction. |
Bankruptcy |
|
Jun. 28, 1999 | |
|
95-56465
|
Bankruptcy of Lewis
Debtor's attorney fees needn't be excessive for disgorgement order for violating disclosure and reporting requirements. |
Bankruptcy |
|
Jun. 28, 1999 | |
|
95-56527 and 95-56589
|
Bankruptcy of Claremont Acquisition Corp. Inc.
Debtor car dealer's incurable nonmonetary default bars assignment of dealership franchise agreement in bankruptcy proceeding. |
Bankruptcy |
|
Jun. 28, 1999 | |
|
96-1370
|
Fidelity Financial Services Inc. v. Fink
Security interest is 'perfected' for enabling loan defense only if state requirements satisfied within twenty days. |
Bankruptcy |
|
Jun. 28, 1999 | |
|
95-1980
|
Bankruptcy of Consolidated Pioneer Mortgage
Complaint filed in bankruptcy court to re-address claims denied in state court is not viable. |
Bankruptcy |
|
Jun. 28, 1999 | |
|
95-2002
|
Bankruptcy of Duvar Apt. Inc.
Creditor is entitled to relief from automatic stay if debtor files bankruptcy in bad faith. |
Bankruptcy |
|
Jun. 28, 1999 | |
|
95-2256
|
Bankruptcy of Smith
Debtor has no right to jury trial in adversary proceeding against Internal Revenue Service. |
Bankruptcy |
|
Jun. 28, 1999 | |
|
96-1016
|
Bankruptcy of Joseph
U.S. Trustee can bring dismissal motion on a referral from panel trustee. |
Bankruptcy |
|
Jun. 26, 1999 | |
|
94-2138
|
Bankruptcy of Goscicki
Order remanding creditor's fraud action to state court doesn't vitiate responsibility to file dischargeability complaint. |
Bankruptcy |
|
Jun. 26, 1999 | |
|
96-1568
|
Bankruptcy of Pena
Debtor isn't required to show extraordinary circumstances exist that preclude improved financial status in future. |
Bankruptcy |
|
Jun. 26, 1999 | |
|
95-1428
|
Bankruptcy of Manriquez
Forbearance agreement may not be retroactively applied after seven years to recover student loan. |
Bankruptcy |
|
Jun. 26, 1999 |
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