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Name Category Published
Golden v. Chicago Title Insurance Co. (In re Choo)
Trustee may not surcharge sale of property that did not benefit secured creditor. 		Bankruptcy Mar. 11, 2002
Ross v. Universal Studios Credit Union
Malicious prosecution action filed in state court for events taking place within bankruptcy court proceedings are pre-empted by federal law. 		Bankruptcy Mar. 8, 2002
Walls v. Wells Fargo Bank
Chapter 7 debtor has no private right of action against creditor who violates discharge injunction. 		Bankruptcy Feb. 22, 2002
Morgan-Busby v. Gladstone
Granting injunction preventing defendants from transferring stock and interfering with trustee's investigation, even though trustee failed to timely object, was proper. 		Bankruptcy Feb. 21, 2002
In re Etalco (Etalco v. AMK Industries, Inc.)
Claim for breach of postpetition contract improperly filed in Washington due to lack of 'minimum contacts'. 		Bankruptcy Feb. 19, 2002
In re Murphy
Chapter 7 trustee is not entitled to fees in converted Chapter 13 case. 		Bankruptcy Feb. 5, 2002
DeRoche v. Arizona Industrial Welfare Commission (In re DeRoche)
Date of worker's injury determines whether employer's liability for not carrying workers' compensation insurance is discharged in bankruptcy. 		Bankruptcy Jan. 23, 2002
Circle K Corp. v. Houlihan et al. (In re Circle K Corp.)
Attorneys hired for bankruptcy case must indicate on retention application that fees will be pre-approved. 		Bankruptcy Jan. 22, 2002
Allen v. Allen
Automatic stay from Chapter 13 filing is proper to ensure commencement or continuance of action arising from spousal support obligation. 		Bankruptcy Jan. 21, 2002
In re Aipung Huang
Settlememt agreement's failure to mention fraud defeats collateral estoppel claim to prevent dischargeability. 		Bankruptcy Jan. 21, 2002
Midkiff v. Dunivent (In re Midkiff)
Trustee is entitled to collect and disburse Debtors' 2000 tax refund. 		Bankruptcy Jan. 15, 2002
Cobb v. Lewis (In re Lewis)
Bankruptcy court erred when it found that it was collaterally estopped by state bar proceeding from reconsidering attorney's misrepresentation. 		Bankruptcy Jan. 15, 2002
Hill v. Kinzler
Court did not determine if creditors are similarly situated and erred in employing the tracing fiction of lowest intermediate balance rule. 		Bankruptcy Jan. 9, 2002
Zubrod v. Duncan (In re Duncan)
Trustee is required to turn over $10,000 to debtor under homestead exemption despite fraudulent property transfer judgment. 		Bankruptcy Jan. 9, 2002
Baroway & Dawson v. Euell (In re Euell)
Third party law firm seeking legal fees as nondischargeable debt does not have standing to assert claim. 		Bankruptcy Jan. 9, 2002
Labib-Kiyarash v. McDonald (In re Labib-Kiyarash)
Bankruptcy court errs in holding that plan unfairly discriminated against other unsecured creditors without first applying applicable test to determine unfair discrimination. 		Bankruptcy Jan. 7, 2002
Stephens v. Bigelow (In re Bigelow)
Default judgment does not support 'actually litigated' requirement to apply issue preclusion. 		Bankruptcy Jan. 7, 2002
Aetna U.S. Healthcare Inc. v. Madigan (In re Madigan)
Debtor's right to postpetition disability benefits didn't arise from same transaction as first disability claim, thus recoupment wasn't available to creditor. 		Bankruptcy Jan. 7, 2002
In re Schmitz (Sliney v. Battley)
Fisherman's quota certificates are not part of bankruptcy estate since regulations authorizing certificates were not passed on the day of filing. 		Bankruptcy Jan. 7, 2002
Sanchez v. Weiss Inc. (In re Sanchez )
Written notice disputing validity of debt is not required under Fair Debt Collection Practices Act. 		Bankruptcy Dec. 27, 2001
In re Western Pacific Airlines Inc.
Planes rented by airline that petitioned for bankruptcy cannot be seized to pay outstanding taxes. 		Bankruptcy Dec. 18, 2001
Beal Bank v. Crystal Properties (In re Crystal Properties)
Default interest rates will not apply until debtor is affirmatively put on notice that option to accelerate will be exercised. 		Bankruptcy Dec. 6, 2001
Spieker Properties LP v. SPEC Liquidating Trust (In re Southern Pacific Funding Corp.)
Bankruptcy reorganization plan requiring payment of 'double dividend' to senior creditors is lawful. 		Bankruptcy Dec. 6, 2001
In re: Integra Realty Resources, Inc.
Non-settling defendants lacked standing where they failed to intervene in action and did not suffer legal prejudice as result of settlement. 		Bankruptcy Nov. 19, 2001
Federal Deposit Insurance Corp. v. County of Orange (In re County of Orange)
As receiver, Federal Deposit Insurance Corporation is liable to county for pre-receivership real property tax delinquent penalties. 		Bankruptcy Nov. 18, 2001
Liberty Tools Manufacturing v. Vortex Fishing Systems Inc. (In re Vortex Fishing Systems Inc.)
Objective test should be employed when determining if dispute is bona fide for purposes of filing involuntary bankruptcy. 		Bankruptcy Nov. 18, 2001
Einstein/Noah Bagel Corp. v. Smith (In re BCE West)
Debtor-lessors are not required to pay relocation expenses of sublease tenant. 		Bankruptcy Nov. 13, 2001
Cukierman v. Uecker (In re Cukierman)
'Further rent' obligations in commercial lease are entitled to administrative priority when found to be payment of secured promissory notes. 		Bankruptcy Nov. 13, 2001
Security Farms v. General Teamsters (In re General Teamsters, Warehousemen and Helpers Union, Local 890)
International parent union does not have equity interest in local union's bankruptcy liquidation. 		Bankruptcy Nov. 13, 2001
Batlan v. TransAmerica Commercial Finance Corp. (In re Smith's Home Furnishings)
Trustee failed to show that preferential payments to floating lien creditor were avoidable transfers. 		Bankruptcy Nov. 13, 2001
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