| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-10183
|
Bankruptcy of Mullen
Federal bankruptcy court exercises discretion and abstains from hearing proceeding based on state law claim. |
Bankruptcy |
|
Jun. 2, 1999 | |
|
96-1923
|
Cohen v. De La Cruz
Exception to discharge for debts arising from fraud includes punitive damages and attorney fees. |
Bankruptcy |
|
Jun. 1, 1999 | |
|
95-2264
|
Bankruptcy of Colortran Inc.
Failure to follow procedure to invalidate lien warrants reversal of lien invalidation and compromise disapproval. |
Bankruptcy |
|
Jun. 1, 1999 | |
|
97-1630
|
Bankruptcy of Udhus
Debtor curing secured obligation under 11 U.S.C. 1123 is not required to pay default interest rate. |
Bankruptcy |
|
Jun. 1, 1999 | |
|
96-35676
|
Bankruptcy of Abercrombie
No administrative expense priority for attorney fees in postpetition judgment based on prepetition contract. |
Bankruptcy |
|
Jun. 1, 1999 | |
|
96-56151
|
Bankruptcy of Di Giorgio
Vacation of leased premises moots appeal of order that automatic stay pre-empts unlawful detainer statute. |
Bankruptcy |
|
May 27, 1999 | |
|
96-1782
|
Bankruptcy of Than
Changed financial circumstances is one of many factors to consider for Chapter 13 plan modification. |
Bankruptcy |
|
May 26, 1999 | |
|
96-2005, 96-2009 and 96-2039
|
Bankruptcy of Audre Inc.
Rooker-Feldman doctrine precludes disallowance or "zero" estimate of family court claim pending on appeal. |
Bankruptcy |
|
May 26, 1999 | |
|
97-1100
|
Bankruptcy of Jess
Contingency fee of debtor for prepetition work that is collected after bankruptcy is estate property. |
Bankruptcy |
|
May 26, 1999 | |
|
97-1389
|
Bankruptcy of Magno
Untimely amended complaint stating new grounds for nondischargeability does not relate-back to original complaint. |
Bankruptcy |
|
May 26, 1999 | |
|
96-36062
|
Bankruptcy of Pintlar Corp.
New rule of personal jurisdiction over foreign residents applies to pending action if 'just and practicable.' |
Bankruptcy |
|
May 26, 1999 | |
|
97-1430
|
Bankruptcy of Hatton
Debtor's conduct is equivalent to tax return filing to warrant finding that tax debt is dischargeable. |
Bankruptcy |
|
May 26, 1999 | |
|
97-1019
|
Bankruptcy of Friedman
Funds borrowed by debtor from private pension plan are not exempt under state law. |
Bankruptcy |
|
May 25, 1999 | |
|
98-1409
|
Bankruptcy of Osworth
A debtor can't claim an exemption for 'earnings' for a real estate commission owed by a non-employer. |
Bankruptcy |
|
May 25, 1999 | |
|
96-1462
|
Bankruptcy of Carolan
Debtor doesn't defraud credit card issuer by incurring credit card debt prior to filing petition. |
Bankruptcy |
|
May 24, 1999 | |
|
97-1179
|
Bankruptcy of Hanger
A lien only partially impaired by debtor's homestead exemption cannot be entirely avoided. |
Bankruptcy |
|
May 21, 1999 | |
|
96-1417
|
Bankruptcy of Consolidated Water Utilities Inc.
Potential surplus assets do not warrant postpetition interest on claim where contrary to plan. |
Bankruptcy |
|
May 21, 1999 | |
|
96-55528
|
Bankruptcy of Weisberg
Relief from automatic stay isn't required to liquidate stock pledged by debtor as 'margin loan' collateral. |
Bankruptcy |
|
May 21, 1999 | |
|
96-44837
|
Bankruptcy of Wood
Recklessness in lending credit card to another with no ability to repay debt is grounds for nondischargeability. |
Bankruptcy |
|
May 21, 1999 | |
|
97-17367
|
Bankruptcy of Arrol
Chapter 7 debtor can apply California homestead exemption to property in Michigan. |
Bankruptcy |
|
May 20, 1999 | |
|
97-1493, 97-1494 and 97-1616
|
Bankruptcy of Sale Guaranty Corporation
Trustee can not use strong-arm powers to access property held in trust as part of a tax-deferred exchange. |
Bankruptcy |
|
May 11, 1999 | |
|
97-1148
|
Bankruptcy of Beguelin
Creditor entitled to interest from Chapter 13 petition date to beyond plan effective date at federal judgment rate. |
Bankruptcy |
|
May 10, 1999 | |
|
97-1258
|
Bankruptcy of Sedona Institute
Creditor attorney may recover fee as administrative expense where creditor has no administrative expense claim. |
Bankruptcy |
|
May 10, 1999 | |
|
97-55174
|
Siegel v. Federal Home Loan Mortgage Corp.
Allowance of bankruptcy claim on note is res judicata in debtor's subsequent suit against creditor. |
Bankruptcy |
|
May 10, 1999 | |
|
97-56151
|
Bankruptcy of Rothery
Partial summary judgment as to number of creditors required for an involuntary petition is proper. |
Bankruptcy |
|
May 10, 1999 | |
|
97-1418
|
Bank of America v. 203 North Lasalle Street Partnership
Equity security holders cannot contribute new value under plan and retain interest in debtor where opportunity is exclusive. |
Bankruptcy |
|
May 10, 1999 | |
|
98-15195
|
Bankruptcy of Paul Clayton Jess
Debtor's entitlement to contingent fee payment attributable to prepetition work is part of bankruptcy estate. |
Bankruptcy |
|
May 6, 1999 | |
|
98-20585
|
Enea v. Coldwell Banker/Del Monte Realty
Listing broker need not split commission with buyer's broker absent agreement. |
Bankruptcy |
|
Apr. 29, 1999 | |
|
97-1935
|
Bankruptcy of Pederson
Debtor can't avoid judgment lien that attaches to homestead property upon acquisition of the property. |
Bankruptcy |
|
Apr. 29, 1999 | |
|
98-55029
|
Bankruptcy of Moses
'Keogh Plan' set up as spendthrift trust with anti-alienation provision is not part of bankruptcy estate. |
Bankruptcy |
|
Apr. 26, 1999 |
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