| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-56720
|
Consolidated Freightways Corp. of Delaware v. Aetna Inc. (In re Consolidated Freightways Corp. of Delaware)
Bankruptcy court errs in determining that employees who did not render services within 180-day period are entitled to priority claim. |
Bankruptcy |
|
May 6, 2009 | |
|
07-56227
|
California Self-Insurers' Security Fund v. Lorber Industries of California (In re Lorber Industries of California)
State's claim for reimbursement from defaulting self-insurer for payments made to claimants does not qualify as excise tax. |
Bankruptcy |
|
May 4, 2009 | |
|
07-55713
|
Boyajian v. New Falls Corp. (In re Boyajian)
11 U.S.C. Section 523(a)(2)(B) allows lease assignee to pursue exception to discharge based on assignor's reliance on debtor's false written financial statement. |
Bankruptcy |
|
May 3, 2009 | |
|
05-17421
|
Price v. Lehtinen (In re Lehtinen)
Bankruptcy court has power to sanction attorney for 'bad faith conduct' involving lies to client about dismissal of case. |
Bankruptcy |
|
Apr. 28, 2009 | |
|
06-16477
|
Educational Credit Management Corp. v. Coleman (In re Coleman)
Petition for discharge of student loan for undue hardship deemed ripe substantially in advance of Chapter 13 plan completion. |
Bankruptcy |
|
Mar. 26, 2009 | |
|
07-16635
|
Griffin v. Wardrobe (In re Wardrobe)
Court exceeds bankruptcy court's order granting relief from automatic stay by allowing amendment to state claim. |
Bankruptcy |
|
Mar. 17, 2009 | |
|
07-56537
|
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Opinion corrected to indicate that involuntary petition sought relief pursuant to Chapter 11 not Chapter 7. |
Bankruptcy |
|
Mar. 12, 2009 | |
|
08-1100
|
United States v. Gould (In re Gould)
Bankruptcy court improperly denies IRS relief from stay to set off pre-petition tax payments against debtor's liabilities under 26 U.S.C. Section 553. |
Bankruptcy |
|
Feb. 26, 2009 | |
|
07-15626
|
Simpson v. Burkart (Simpson)
Under California law, single-premium annuity does not qualify as life insurance for purposes of federal bankruptcy law. |
Bankruptcy |
|
Feb. 25, 2009 | |
|
07-35362
|
McKay v. Ingleson
Former student's financial arrangement with university was deemed non-dischargeable under Bankruptcy Code. |
Bankruptcy |
|
Feb. 24, 2009 | |
|
07-56537
|
Sofris v. Maple-Whitworth Inc. (In re Maple-Whitworth Inc.)
Bankruptcy court abuses discretion by ignoring waiver issue prior to awarding fees and costs. |
Bankruptcy |
|
Feb. 11, 2009 | |
|
06-16520
|
Gaughan v. The Edward Dittlof Revocable Trust (In re Costas)
Arizona disclaimer is not 'transfer of interest of debtor in property' for purposes of avoidance under 11 U.S.C. Section 548. |
Bankruptcy |
|
Feb. 9, 2009 | |
|
07-1401
|
Suarez v. Barrett (In re Suarez)
Attorney fees and costs are nondischargeable despite lack of compensatory judgment debt when awarded for debtor's willful and malicious conduct. |
Bankruptcy |
|
Feb. 6, 2009 | |
|
08-1233
|
Brooks-Hamilton v. Smyth (In re Brooks-Hamilton)
Bankruptcy court abuses discretion by imposing suspension sanction against attorney without consideration of ABA standards. |
Bankruptcy |
|
Feb. 4, 2009 | |
|
B197234
|
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.
Judgment creditor may recover attorney fees incurred in post-judgment bankruptcy proceedings. |
Bankruptcy |
|
Feb. 2, 2009 | |
|
B197234
|
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.
Judgment creditor may recover attorney fees incurred in post-judgment bankruptcy proceedings. |
Bankruptcy |
|
Jan. 27, 2009 | |
|
07-15955
|
Blausey v. U.S. Trustee
Disability payments from private insurer are included in calculation of Current Monthly Income for Chapter 7 bankruptcy proceedings. |
Bankruptcy |
|
Jan. 25, 2009 | |
|
07-35634
|
Shulkin Hutton Inc. v. Treiger (In re Owens)
Bankruptcy court properly dismisses case intended to delay sale of property rather than converting it to Chapter 7. |
Bankruptcy |
|
Jan. 15, 2009 | |
|
08-1114
|
B-Real v. Chaussee (In re Chaussee)
Bankruptcy Code preempts debtor's complaint alleging claimant violated fair debt collection laws by filing two proofs of claim. |
Bankruptcy |
|
Jan. 11, 2009 | |
|
07-35634
|
Shulkin Hutton Inc. v. Treiger (In re Owens)
Bankruptcy court properly dismisses case intended to delay sale of property rather than converting it to Chapter 7. |
Bankruptcy |
|
Jan. 5, 2009 | |
|
B197234
|
Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.
Judgment creditor may recover attorney fees incurred in post-judgment bankruptcy proceedings. |
Bankruptcy |
|
Jan. 2, 2009 | |
|
07-1436
|
Cutter v. Seror (In re Cutter)
Court properly holds trust properties to be property of bankruptcy estate. |
Bankruptcy |
|
Dec. 17, 2008 | |
|
07-15686
|
Caneva v. Sun Communities Operating Limited Partnership (In re Caneva)
Discharge is denied where debtor's failure to preserve business records made it impossible for creditor to ascertain his financial condition. |
Bankruptcy |
|
Dec. 16, 2008 | |
|
06-16421
|
Espinosa v. United Student Aid Funds Inc.
In Chapter 13 case, student loan debt is properly discharged where creditor fails to object to discrepancy in claims. |
Bankruptcy |
|
Dec. 11, 2008 | |
|
06-16857
|
Busseto Foods Inc. v. Laizure (In re Laizure)
Creditor maintains claim against debtor where trustee required creditor to return payment from debtor made within 90-day preference period. |
Bankruptcy |
|
Nov. 18, 2008 | |
|
07-15686
|
Caneva v. Sun Communities Operating Limited Partnership (In re Caneva)
Discharge is denied where debtor's failure to preserve business records made it impossible for creditor to ascertain his financial condition. |
Bankruptcy |
|
Nov. 6, 2008 | |
|
07-55694
|
General Electric Capital Corp. v. Future Media Productions Inc.
Where loan agreement resulted in default, bankruptcy court must determine on remand whether award of attorney fees is proper. |
Bankruptcy |
|
Oct. 27, 2008 | |
|
06-16421
|
Espinosa v. United Student Aid Funds Inc.
In Chapter 13 case, student loan debt is properly discharged where creditor fails to object to discrepancy in claims. |
Bankruptcy |
|
Oct. 3, 2008 | |
|
06-35724
|
Rosson v. Fitzgerald (In re Rosson)
Bad-faith finding is proper where debtor defied bankruptcy court's order to deposit funds with Chapter 13 trustee. |
Bankruptcy |
|
Sep. 25, 2008 | |
|
06-56319
|
Barboza v. New Form Inc. (In re Barboza)
Bankruptcy court judgment against debtors is reversed where there is question of material fact as to whether copyright infringement was willful. |
Bankruptcy |
|
Sep. 24, 2008 |