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Name Category Published
Bankruptcy of Niles
Debtor has burden of proof in nondischargeability proceeding based on defalcation while acting as fiduciary.
Bankruptcy Jul. 19, 1999
Bankruptcy of Los Angeles International Airport Hotel Associates
State taxing agency doesn't have to submit documentation to support proof of claim created by statute.
Bankruptcy Jul. 19, 1999
Bankruptcy of Ambanc La Mesa Limited Partnership
Creditor's secured and unsecured claim isn't treated fairly and equitably to allow 'cramdown' of reorganization plan.
Bankruptcy Jul. 16, 1999
Bankruptcy of Saylor
'Willful and malicious' exception to dischargeability precludes discharge of obligation based on debtor's tortious conduct.
Bankruptcy Jul. 15, 1999
Bankruptcy of Lee
For 'new value' defense to trustee's avoidance action, no transfer of debtor's property on delivery of bad check.
Bankruptcy Jul. 15, 1999
Bankruptcy of Lievsay
Denial of Chapter 11 plan is interlocutory and unreviewable by appellate court after appeal to bankruptcy panel.
Bankruptcy Jul. 10, 1999
Bankruptcy of Robert L. Helms Construction & Development Co. Inc.
Opinion contract to purchase real property is executory contract to be accepted or rejected by trustee.
Bankruptcy Jul. 10, 1999
Bankruptcy of Gergely
Doctor isn't entitled to discharge of obstetric malpractice debt if misrepresentation to baby/creditor's mother.
Bankruptcy Jul. 9, 1999
Bankruptcy of Mitchell
Removal statute cannot be used to remove pending district court action to same district court.
Bankruptcy Jul. 9, 1999
Bankruptcy of Baroff
Dischargeability action's prevailing party receives attorney fees after enforcement of settlement under state law.
Bankruptcy Jul. 7, 1999
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
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
Bankruptcy of Biggar
Installment contract for legal services calling for post-petition payments is dischargeable.
Bankruptcy Jul. 5, 1999
Bankruptcy of Yepremian
Deposition testimony of unrecorded joint venture doesn't establish priority of equitable interest over subsequent recording.
Bankruptcy Jul. 3, 1999
Bankruptcy of Figter Limited
Sole secured creditor can acquire majority of unsecured claims in order to defeat reorganization plan.
Bankruptcy Jul. 3, 1999
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
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
Bankruptcy of Weiner
Knowing undervaluation of an estate asset warrants denial of discharge.
Bankruptcy Jun. 30, 1999
Bankruptcy of Greenfield Drive Storage Park
Material default in plan performance justifies conversion from Chapter 11 to Chapter 7.
Bankruptcy Jun. 30, 1999
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
Bankruptcy of Jerauld
For discharge exception, failure to file tax report isn't same as failure to file return.
Bankruptcy Jun. 30, 1999
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
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
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
Bankruptcy of Tuli
Court which raises issue of jurisdiction over foreign government must allow the plaintiff to establish minimum contacts.
Bankruptcy Jun. 29, 1999
Fidelity Fin. Serv. v. Fink
Security interest "perfected" for enabling loan defense only if state requirements satisifed within twenty days.
Bankruptcy Jun. 28, 1999
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
Bankruptcy of Lewis
Debtor's attorney fees needn't be excessive for disgorgement order for violating disclosure and reporting requirements.
Bankruptcy Jun. 28, 1999
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
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