Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-1350
|
Bankruptcy of Mitchell
Sovereign immunity protects state agencies from claims for damages in discharge litigation. |
Bankruptcy |
|
Mar. 29, 1999 | |
97-1633
|
Bankruptcy of Black
Bankruptcy court errs by ignoring appellate panel's instructions on remand in nondischargeability proceeding. |
Bankruptcy |
|
Mar. 29, 1999 | |
97-1836 and 97-1837
|
Bankruptcy of DeVore
Withdrawal of 'no-asset' report doesn't bring abandoned assets back into estate for administration. |
Bankruptcy |
|
Mar. 26, 1999 | |
95-16150
|
Bankruptcy of National Mass Media Telecommunication Systems Inc.
Creditor's sale of debtor's foreclosed property after relief from stay moots appeal of relief order. |
Bankruptcy |
|
Mar. 26, 1999 | |
97-55486
|
Bankruptcy of Been
State default judgment of 'sold-out' junior lienholder on note creates an avoidable judicial lien. |
Bankruptcy |
|
Mar. 24, 1999 | |
96-56508
|
Bankruptcy of Seko Investment Inc.
Claim isn't subject to 'bona fide dispute' in involuntary bankruptcy on basis of counterclaim alone. |
Bankruptcy |
|
Mar. 24, 1999 | |
96-16859
|
Bankruptcy of Simon
Bankruptcy court can sanction participating foreign creditor who violates injunction against collecting discharged debt. |
Bankruptcy |
|
Mar. 24, 1999 | |
97-1831
|
Bankruptcy of Rindlisbacher
Discharge isn't denied where complaint was filed by attorney in violation of legal and ethical duties. |
Bankruptcy |
|
Mar. 22, 1999 | |
96-56445
|
Bankruptcy of 1441 Veteran Street Co.,
Lien can't be stripped down based on unconfirmed reorganization plan's collateral valuation. |
Bankruptcy |
|
Mar. 22, 1999 | |
97-1085
|
Bankruptcy of Cataldo
Debtor is entitled to $2 million exemption on property owned with estranged spouse as 'tenants by the entirety.' |
Bankruptcy |
|
Mar. 19, 1999 | |
97-1759
|
Bankruptcy of Metz
Retirement plan is not property of estate and is exempt from administration. |
Bankruptcy |
|
Mar. 19, 1999 | |
97-16012
|
Bankruptcy of Pena
Payment of student loan creates 'undue hardship' so that debt is not excepted from discharge. |
Bankruptcy |
|
Mar. 18, 1999 | |
96-14251
|
Bankruptcy of Banks
Claim for which state limitations period expired prepetition is valid where creditor took affirmative prepetition act. |
Bankruptcy |
|
Mar. 17, 1999 | |
97-16062
|
Bankruptcy of Brown
Creditor is sanctioned for violating discharge injunction by seeking debt reaffirmation. |
Bankruptcy |
|
Mar. 17, 1999 | |
97-1385
|
Bankruptcy of Taylor
No partial exception from discharge for student loans; undue hardship requires good faith effort to repay loan. |
Bankruptcy |
|
Mar. 17, 1999 | |
97-1873
|
Bankruptcy of Washington Trust Deed Service Corp.
State court action by creditor against a trustee properly dismissed for failure to state a claim. |
Bankruptcy |
|
Mar. 17, 1999 | |
96-55833
|
Bankruptcy of Mantle
All community property not divided by a state court prior to bankruptcy is estate property. |
Bankruptcy |
|
Mar. 17, 1999 | |
97-35502
|
Bankruptcy of United Marine Shipbuilding, Inc.
Government setoff rights aren't waived by mistaken disbursement of tax to bankruptcy trustee. |
Bankruptcy |
|
Mar. 12, 1999 | |
98-1262
|
Bankruptcy of Branam
Prepetition tort judgment has preclusive effect in nondischargeability action for willful and malicious injury. |
Bankruptcy |
|
Mar. 12, 1999 | |
97-1923
|
Bankruptcy of Stoneking
Debtor may avoid lien that was 'fixed' on community property homestead prior to taking sole title by divorce decree. |
Bankruptcy |
|
Mar. 12, 1999 | |
98-0189
|
Bankruptcy of Jackson
Failure to notify state tax board of federal tax reassessment is not 'failure to file' a return. |
Bankruptcy |
|
Mar. 12, 1999 | |
98-1970
|
Bankruptcy of Greene
Bankruptcy Rule 9006 extends 90-day preference period to 91 days where 90th day falls on Saturday. |
Bankruptcy |
|
Mar. 12, 1999 | |
97-1820
|
Bankruptcy of Agyekum
Unreasonable portion of bankruptcy petition preparer's fee must be disgorged. |
Bankruptcy |
|
Mar. 12, 1999 | |
98-1268
|
Bankruptcy of Monument Auto Detail Inc.
Attorney not entitled to fees for services in a Chapter 11 case prior to conversion to Chapter 7. |
Bankruptcy |
|
Mar. 11, 1999 | |
97-1307
|
Bankruptcy of Bakersfield Westar Inc.
Prepetition revocation of corporation's "subchapter s" status may be avoidable fraudulent transfer. |
Bankruptcy |
|
Mar. 11, 1999 | |
98-28129
|
Bankruptcy of Lopez
Redemption of consumer debt collateral requires motion, court approval and a single payment. |
Bankruptcy |
|
Mar. 11, 1999 | |
97-1857
|
Bankruptcy of Cole
Stipulated judgment declaring debt to be nondischargeable in case of bankruptcy is not binding in bankruptcy case. |
Bankruptcy |
|
Mar. 11, 1999 | |
98-1033
|
Bankruptcy of Lapin
Sovereign Immunity rights prohibit award of sanctions against state tax board for violating discharge injunction. |
Bankruptcy |
|
Mar. 11, 1999 | |
97-55486
|
Bankruptcy of Been
State default judgment of 'sold-out' junior lienholder on note creates an avoidable judicial lien. |
Bankruptcy |
|
Mar. 11, 1999 | |
98-1045
|
Bankruptcy of Leibowitz
Reimbursement of Aid to Families with Dependent Children payments nondischargeable where debt is for debtor's children and payment is for support. |
Bankruptcy |
|
Mar. 11, 1999 |