Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
95-55968
|
Bankruptcy of Niles
Debtor has burden of proof in nondischargeability proceeding based on defalcation while acting as fiduciary. |
Bankruptcy |
|
Jul. 19, 1999 | |
96-55797
|
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 | |
95-16872
|
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 | |
95-55431
|
Bankruptcy of Saylor
'Willful and malicious' exception to dischargeability precludes discharge of obligation based on debtor's tortious conduct. |
Bankruptcy |
|
Jul. 15, 1999 | |
95-15791
|
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 | |
96-56378
|
Bankruptcy of Lievsay
Denial of Chapter 11 plan is interlocutory and unreviewable by appellate court after appeal to bankruptcy panel. |
Bankruptcy |
|
Jul. 10, 1999 | |
95-16781
|
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 | |
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 |