| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
95-16780
|
Bankruptcy of Biggar
Installment contract for legal services calling for post-petition payments is dischargeable. |
Bankruptcy |
|
Jun. 26, 1999 | |
|
96-1433
|
Bankruptcy of Leavitt
Express bad faith finding is not necessary if record supports dismissal of petition with prejudice. |
Bankruptcy |
|
Jun. 25, 1999 | |
|
96-1683
|
Bankruptcy of Megafood Stores Inc.
Actual interest earned is awarded on prepetition state taxes in debtor's trust and not statutory rate. |
Bankruptcy |
|
Jun. 25, 1999 | |
|
98-1636
|
Bankruptcy of Building Blocks Child Care Centers Inc.
A debtor must pay a former landlord to cure a prepetition default in order to assume the lease with a successor landlord. |
Bankruptcy |
|
Jun. 25, 1999 | |
|
98-1347
|
Bankruptcy of Marino
The appeal of a bankruptcy courts order deprives the bankruptcy court of further jurisdiction until a mandate is received. |
Bankruptcy |
|
Jun. 25, 1999 | |
|
95-17381
|
Bankruptcy of Hotel Sierra Vista Limited Partnership
Proof of secured creditor's interest in postpetition revenues requires pro rata allocation of hotel's operating expenses. |
Bankruptcy |
|
Jun. 25, 1999 | |
|
95-2298
|
Bankruptcy of Markovich
Debtor doesn't have standing to seek revocation of his discharge. |
Bankruptcy |
|
Jun. 25, 1999 | |
|
97-17489
|
Mayamex Inc. v. Martinez (In re: Martinez)
Creditor is not entitled to a default judgment on untimely complaint to except claim from discharge. |
Bankruptcy |
|
Jun. 24, 1999 | |
|
98-20966
|
Walker v. Stanley
Ninth bankruptcy petition is dismissed with 180-day bar against refiling and 2-year bar on seeking discharge. |
Bankruptcy |
|
Jun. 24, 1999 | |
|
95-2267
|
Bankruptcy of Mayton
Order requiring debtor to amend statement of intention regarding collateral serves no purpose. |
Bankruptcy |
|
Jun. 23, 1999 | |
|
95-17060
|
Bankruptcy of Endy
Insufficient estate assets require prorating trustee's fees and Chapter 7 expenses, with priority over Chapter 11 expenses. |
Bankruptcy |
|
Jun. 22, 1999 | |
|
96-16287
|
Bakersfield Westar Ambulance Inc. v. Community First Bank
Bank can acquire security interest in bankruptcy debtor's deposit account if underlying agreement describes collateral. |
Bankruptcy |
|
Jun. 22, 1999 | |
|
98-96384
|
In re: Pedersen
Chapter 13 plan cannot be confirmed and attorney fees cannot be approved due to improper noitice and other errors. |
Bankruptcy |
|
Jun. 21, 1999 | |
|
95-16781
|
Bankruptcy of Robert L. Helms Construction and Development Co. Inc.
Whether a real estate option agreement constitutes an executory contract is a question of fact. |
Bankruptcy |
|
Jun. 21, 1999 | |
|
95-36205
|
Bankruptcy of Berg
Bona fide purchaser's statutory powers conferred on trustee don't trump IRS tax lien against debtor's property. |
Bankruptcy |
|
Jun. 21, 1999 | |
|
96-15432
|
Bankruptcy of Gendreau
Qualified domestic relations order for paying pension plan funds to debtor's spouse isn't dischargeable debt. |
Bankruptcy |
|
Jun. 21, 1999 | |
|
96-55517
|
Bankruptcy of Lawson
Subordination of deed of trust on debtor's property by parent supports inference debtor retained benefit in property. |
Bankruptcy |
|
Jun. 21, 1999 | |
|
96-1296
|
Bankruptcy of Chang
Debts owed to health professional or guardian ad litem in child custody dispute are dischargeable. |
Bankruptcy |
|
Jun. 20, 1999 | |
|
95-5684
|
Bankruptcy of Hilde
To defeat avoidance, judgment creditor needn't perfect lien created by serving debtor with examination order. |
Bankruptcy |
|
Jun. 20, 1999 | |
|
96-1797, 96-1918 and 96-2021
|
Bankruptcy of Wada
For dischargeability determination, proof of embezzlement does not require existence of fiduciary relationship. |
Bankruptcy |
|
Jun. 20, 1999 | |
|
97-07316
|
Stevens v. Briles (In re: Briles)
A prepetition arbitration award supports nondischargeability for defalcation by a fiduciary by collateral estoppel. |
Bankruptcy |
|
Jun. 18, 1999 | |
|
98-07827
|
Weinberger v. Croshier (In re: Croshier
A purported lien on prospective personal injury proceeds is invalid under California law. |
Bankruptcy |
|
Jun. 18, 1999 | |
|
96-1107 and 96-1115
|
Bankruptcy of Basham
Partial disgorgement of attorney fees is allowed after violations of bankruptcy code and rules. |
Bankruptcy |
|
Jun. 18, 1999 |
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