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Name Category Published
Carter-Waters Oklahoma, Inc. v. Bank One Trust Co. (In re Eufaula Industrial Authority)
Claim of subordination is properly denied where there is no showing of inequitable conduct by construction bond holder. 		Bankruptcy Nov. 12, 2001
In re Beaty (Selinger v. Beaty)
Laches may not serve as affirmative defense in dischargeability proceeding. 		Bankruptcy Nov. 11, 2001
Cantrell v. Cal-Micro Inc. (In re Cantrell)
Corporate officer assessed damages for breaching fiduciary duty is not barred from discharging damages in bankruptcy. 		Bankruptcy Nov. 11, 2001
Kir Temecula LP v. LPM Corp. (In re LPM Corp.)
Automatic stay in tenant's bankruptcy proceeding prevents landlord from enforcing writ of execution for back rent. 		Bankruptcy Nov. 11, 2001
Belli v. Temkin (In re Belli)
Because order granting partial summary judgment lacks Federal Rule of Civil Procedure 54(b) certification, bankruptcy appellate court lacks jurisdiction to hear appeal. 		Bankruptcy Nov. 4, 2001
Banks v. Gill Distribution Centers, Inc.(In re Banks)
Despite statute of limitations bar on state law claim of fraud, a bankruptcy court may still determine fraud issues in dischargeability hearing. 		Bankruptcy Oct. 30, 2001
In re Anthem Communities/RBG
Bank's motion for reconsideration is denied because, among other things, it failed to satisfy its initial burden for relief from stay. 		Bankruptcy Oct. 29, 2001
In re Hill
'However' clause does not apply to preclude debtor from showing that plan classification discriminated against creditors. 		Bankruptcy Oct. 21, 2001
Gschwend v. Markus (In re Markus)
Untimely bankruptcy claim may proceed because it 'relates back' to earlier complaint that was timely filed. 		Bankruptcy Oct. 21, 2001
Lieberman v. Hawkins (In re Lieberman)
Individual's arrangement to use specified assets for retirement purposes is not exempt as 'private retirement plan' under California statute. 		Bankruptcy Oct. 8, 2001
Franceschi v. State Bar Court (In re Franceschi)
State Bar is immune from suit in federal court, and court properly abstained from granting injunctive relief. 		Bankruptcy Oct. 7, 2001
Kieslich v. U.S. (In re Kieslich)
Because government failed to object before bankruptcy court to its retention of jurisdiction in debtor's suit, government waives that argument. 		Bankruptcy Oct. 4, 2001
Warfel v. City of Saratoga (In re Warfel)
Debtor's civil restitution judgment owed to city and imposed as condition of probation in criminal proceeding is nondischargeable. 		Bankruptcy Oct. 4, 2001
Culver LLC v. Chiu (In re Chiu)
Debtors had standing to avoid judgment lien and as lien impaired their homestead exemption, it could be avoided. 		Bankruptcy Sep. 23, 2001
Nahman v. Jacks (In re Jacks)
Whether debt is nondischargeable for fraud or defalcation or willful and malicious injury depends on whether corporation was insolvent. 		Bankruptcy Sep. 23, 2001
Chubb & Son Inc. v. Clark (In re. Clark)
Court errs in holding creditors' exemption motion untimely when, among other things, trustee announces continued meeting date within reasonable time. 		Bankruptcy Sep. 18, 2001
In re Martin J. Turner
Dischargeability of attorney fees is proper where creditor/former spouse fails to establish award was directly related to best interest of children. 		Bankruptcy Sep. 11, 2001
Debbie Reynolds Hotel & Casino Inc. v. Calstar Corp. (In re Debbie Reynolds Hotel & Casino Inc.)
Bankruptcy Code limits standing to seek surcharge to trustee of estate and allows proceeds to be paid directly to party providing benefit. 		Bankruptcy Sep. 10, 2001
Pioneer Liquidating Corp. v. U.S. Trustee (In Re Consolidated Pioneer Mortgage Entities)
Corporation's failure to provide accounting to investors was prejudicial and warranted conversion from Chapter 11 to Chapter 7. 		Bankruptcy Sep. 9, 2001
In re Lowther
Because of unusual circumstances, attorney fee award arising from child custody proceedings is dischargeable. 		Bankruptcy Sep. 4, 2001
In re Ellett
Court's discharge order is binding on state's attempt to collect taxes, even though state elected not to share in recovery of bankruptcy assets. 		Bankruptcy Aug. 29, 2001
Moldo v. Clark (In re Clark)
Trustee isn't required to object to debtor's claimed exemption when exemption claim is too ambiguous to cause property to become automatically exempt. 		Bankruptcy Aug. 27, 2001
Palm v. Klapperman (In re Cady)
Denial of automatic stay was proper where judgment of nondischargeability was recorded prior to property transfer. 		Bankruptcy Aug. 27, 2001
American Law Center PC v. Stanley (In re Jastrem)
Attorney fees for legal services provided prior to bankruptcy filing are subject to automatic stay. 		Bankruptcy Aug. 23, 2001
Neilson v. Chang (In re First T.D & Investment Inc.)
California statute applies to transactions between debtor and investors, therefore investors' security interests are perfected and trustee may not avoid them. 		Bankruptcy Aug. 23, 2001
In re Sheehan
Bankruptcy court erred in refusing to apply excusable neglect provision in determining whether to extend time for service of complaint for nondischargeability. 		Bankruptcy Aug. 23, 2001
Peklar v. Ikerd (In re Peklar)
Tenant's debt for having converted landlord's furniture may be discharged when she files for bankruptcy. 		Bankruptcy Aug. 20, 2001
Great Western Bank v. Kong
Assignment of joint and several debt to one of the co-obligors extinguishes that debt. 		Bankruptcy Aug. 10, 2001
Nghiem v. Ghazvini (In re Nghiem)
Creditors, who orally postponed foreclosure sale during pendency of bankruptcy case, aren't required to give additional notice of sale after case dismissed. 		Bankruptcy Aug. 5, 2001
In re Tredinnick
Debt arising from prepetition agreement to perform postpetition legal services is nondischargeable. 		Bankruptcy Aug. 5, 2001
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