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Name Category Published
Bankruptcy of Moses
'Keogh Plan' set up as spendthrift trust with anti-alienation provision is not part of bankruptcy estate. 		Bankruptcy Apr. 26, 1999
Bankruptcy of Stewart
Chapter 7 bankruptcy case is properly dismissed for 'substantial abuse.' 		Bankruptcy Apr. 22, 1999
Bankruptcy of DiSalvo
It is reversible error to extinguish debt and security as sanction for violating one action rule. 		Bankruptcy Apr. 14, 1999
Bankruptcy of American Eagle Mfg. Inc.
Chapter 7 trustee is properly certified pursuant to 11 U.S.C. Section 702 after a disputed creditor election. 		Bankruptcy Apr. 13, 1999
Bank of America Natl. Trust v. 203 N. LaSalle St. Partners
Equity holders may not, over objection, contribute new capital in exchange for ownership in a reorganized entity. 		Bankruptcy Apr. 13, 1999
Bankruptcy of Gardenhire
Equitable tolling leads to finding that claim of government unit is timely in reinstated bankruptcy case. 		Bankruptcy Apr. 13, 1999
Bankruptcy of Walsh
Section 362(h) authorizes award of reasonable appellate attorney fees resulting from willful violation of stay. 		Bankruptcy Apr. 13, 1999
Bankruptcy of Cardinalli
Retroactive approval of employment and compensation to attorney for Chapter 7 trustee is not allowed. 		Bankruptcy Apr. 13, 1999
Pauletto v. Reliance Insurance Co.
Claims for malicious prosecution and abuse of process are pre-empted by federal bankruptcy laws. 		Bankruptcy Apr. 13, 1999
Bankruptcy of Ernst Home Center Inc.
Appeal is dismissed as moot due to changed circumstances where no stay was ordered pending appeal. 		Bankruptcy Apr. 13, 1999
Bankruptcy of Molina
State court punitive damage award with no findings precludes relitigation of intent in nondischargeability proceeding. 		Bankruptcy Apr. 13, 1999
Woods v. Kenan
Bankruptcy court may revoke automatic abandoment of properties resulting from mistaken case closure. 		Bankruptcy Apr. 13, 1999
Bankruptcy of Hopkins
Taxpayer must retain 'innocent spouse' defense to avoid tax lien in bankruptcy proceeding. 		Bankruptcy Apr. 12, 1999
Bankruptcy of United Marine Shipbuilding Inc.
Government setoff rights aren't waived by mistaken disbursement of tax refund to bankruptcy trustee. 		Bankruptcy Apr. 11, 1999
Bankruptcy of Wytch
Order retroactively annulling automatic stay validates postpetition foreclosure sale and unlawful detainer action. 		Bankruptcy Apr. 6, 1999
Star Phoenix Mining Co. v. West One Bank
Failure to preserve deficiency claim against debtor doesn't forfeit right to collect deficiency from guarantor. 		Bankruptcy Apr. 5, 1999
Bankruptcy of DiSalvo
Ruling in dischargeability action doesn't bar subsequent determination of claim for abuse of process. 		Bankruptcy Apr. 5, 1999
Bankruptcy of Friedman
Money borrowed from retirement plan is not a "payment of benefits" sufficient to invoke exemption. 		Bankruptcy Apr. 4, 1999
Bankruptcy of 1441 Veteran Street Co.
Lien can't be stripped down based on unconfirmed reorganization plan's collateral valuation. 		Bankruptcy Apr. 2, 1999
Bankruptcy of Hines
Postpetition collection effort by attorney to collect prepetition fee doesn't violate automatic stay. 		Bankruptcy Apr. 2, 1999
Bankruptcy of Baldwin Builders
Creditor isn't entitled to replacement lien after asset transfer due to invalid and unperfected secured rights. 		Bankruptcy Apr. 1, 1999
Bankruptcy of Mendez
Attorney not licensed in Arizona but who is admitted to practice before the Arizona district court can receive fee as counsel for Chapter 13 debtor. 		Bankruptcy Mar. 31, 1999
Bankruptcy of Scovis
Chapter 13 plan confirmation reversed due to failure to consider debtor's homestead exemption for Chapter 13 eligibility purposes. 		Bankruptcy Mar. 31, 1999
Bankruptcy of Bernal
Educational loan service company can't intervene as defendant in defaulted nondischargeability proceeding. 		Bankruptcy Mar. 30, 1999
Bankruptcy of Laskin
Chapter 7 debtor can't avoid second trust deed that is totally unsupported by collateral value. 		Bankruptcy Mar. 30, 1999
Bankruptcy of Prestige Limited Partnership-Concord
Action on guaranty of obligation secured by real property triggers California's 'One Action Rule.' 		Bankruptcy Mar. 29, 1999
Bankruptcy of Southern California Plastics Inc.
State prejudgment attachment lien does not establish secured claim and is not perfected by claim allowance. 		Bankruptcy Mar. 29, 1999
Bankruptcy of Catapult
Debtor cannot assume license where nonbankruptcy law requires consent from nonconsenting nondebtor party. 		Bankruptcy Mar. 29, 1999
Bankruptcy of CFLC Inc.
Pre-printed invoices do not create valid security interest in debtor's assets. 		Bankruptcy Mar. 29, 1999
Bankruptcy of Gruntz
State court ruling that automatic stay did not apply in criminal case does not bind bankruptcy court to same conclusion. 		Bankruptcy Mar. 29, 1999
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