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Name Category Published
Lambert v. City and County of San Francisco
Order
Mar. 27, 2000
La Rouche v. Fowler
Order
Mar. 27, 2000
Anderson v. Ganis Credit Corp. (In re Weilert R.V. Inc.)
Preferential payments fall within "ordinary course of business" exception only if relevant industry would consider payment made according to ordinary business terms.
Bankruptcy Mar. 24, 2000
Dent Wizard International Corp. v. Timmell (In re Timmell)
Where there is no proof of intent to defraud, revocation of discharge is not justified.
Bankruptcy Mar. 24, 2000
In re Ioane
Court cannot lift automatic stay because debtor's case was previously dismissed.
Bankruptcy Mar. 24, 2000
In re Khoe
Government does not violate discharge injunction where tax liability was not discharged by prior bankruptcy case.
Bankruptcy Mar. 24, 2000
Swinney v. Perton (In re Perton)
Novation is not created where there is neither new consideration or express language extinguishing all prior claims.
Bankruptcy Mar. 24, 2000
In re Vernon
Temporary absence from declared homestead does not constitute abandonment of homestead or terminate right to claim exemption.
Bankruptcy Mar. 24, 2000
In re Weeks
Nondischargeable debts are not subject to discharge injunction.
Bankruptcy Mar. 24, 2000
In re Young
Compromise is fair and reasonable where it avoids significant expenditure of estate assets and risk of having claim allowed in higher amount.
Bankruptcy Mar. 24, 2000
In re Westar Paving Inc.
Where case is converted after 1994 amendments to Bankruptcy Code Section 326(a), pre-1994 fee formula determines maximum compensation payable to trustee.
Bankruptcy Mar. 24, 2000
Malone v. Norwest Financial California Inc.
Where there is private cause of action and right to jury trial, referral to bankruptcy court is not appropriate.
Bankruptcy Mar. 24, 2000
Fernandez v. GE Capital Mortgage Services Inc. (IN re Fernandez)
Debtor's bankruptcy case is properly dismissed where he fails to establish excusable neglect.
Bankruptcy Mar. 24, 2000
McClure v. Northwest Education Loan Association (In re McClure)
Appeals court cannot entertain issue where it was not reviewed by Bankruptcy Appellate Panel, nor affected by the appellate panel's judgment.
Bankruptcy Mar. 24, 2000
Kaura v. Amato (In re Kaura)
Debtor is entitled to discharge, despite failing to disclose assets.
Bankruptcy Mar. 24, 2000
Lurie v. Blackwell
District court properly relied on Barton doctrine in dismissing action for lack of subject matter jurisdiction.
Bankruptcy Mar. 24, 2000
Lurie v. Blackwell
District court properly dismissed case for lack of subject matter jurisdiction.
Bankruptcy Mar. 24, 2000
San Paolo U.S. Holding Co. Inc. v. Neilson (In re McNall)
Trustee's avoidance action cannot be defeated where there is no evidence that fraudulently conveyed funds were taken in good faith.
Bankruptcy Mar. 24, 2000
Wyatt v. Kaufman (In re Wyatt)
Appeal dismissed for lack of jurisdiction where district court decision is not final appealable decision.
Bankruptcy Mar. 24, 2000
Knauss v. Ancell (In re Knauss)
Appeal is properly dismissed without finding bankruptcy court contempt order moot.
Bankruptcy Mar. 24, 2000
State Farm Mutual Automobile Insurance Co. v. Quackenbush
Order
Mar. 23, 2000
Mac v. Bank of America
Order
Mar. 23, 2000
McGill v. M.J. Brock & Sons Inc.
Misrepresentation action not barred by statute of limitations when defendant fails to demonstrate that plaintiffs were on inquiry notice of neighborhood changes.
Torts Mar. 23, 2000
Lett v. Paymentech Inc.
Labor Code Sections 2751 and 2752 are unconstitutional as applied to businesses lacking a fixed and permanent place of business in California.
Labor Law Mar. 23, 2000
Hovanec v. Van Nuys Airport Corp.
Restaurant worker alleging unlawful discrimination is denied relief for failure to file timely claim.
Employment Law Mar. 23, 2000
In re Bobby Paiste Herrera on Habeas Corpus
Order
Mar. 23, 2000
Novak v. Low Ball & Lynch
Order
Mar. 23, 2000
Gelini v. Tishgart
Order
Mar. 23, 2000
Sky Fun 1, Inc. v. Schuttloffel
Pilot may bring defamation claim against former employer for statements made to prospective new employer.
Torts Mar. 22, 2000
People v. Wood
Department of Corrections may place Colorado prisoners in county jails outside Colorado.
Criminal Law and Procedure Mar. 22, 2000