Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-56890
|
Foster v. Bradbury (In re Foster)
Interest on child support continues to accrue after parent files for bankruptcy and survives discharge of support obligation. |
Bankruptcy |
|
Feb. 17, 2003 | |
01-653
|
FCC v. NextWave Personal Communications Inc.
Bankruptcy Code prohibits FCC from revoking licenses held by debtor in bankruptcy. |
Bankruptcy |
|
Feb. 4, 2003 | |
02-1077
|
Tsurukawa v. Nikon Precision Inc. (Tsurukawa)
Spouse's fraud may be imputed to other spouse under agency principles when they are also business partners. |
Bankruptcy |
|
Jan. 28, 2003 | |
02-1079
|
Janas v. Marco Crane & Rigging Co. (In re JWJ Contracting Co. Inc.)
In Chapter 7 proceeding, avoidable preference is granted where dishonored check failed to qualify as contemporaneous exchange for new value. |
Bankruptcy |
|
Jan. 28, 2003 | |
02-1186
|
Pennsylvania Higher Education Assistance Agency v. Birrane (In re Birrane)
Debtor's student loan is not dischargeable in bankruptcy. |
Bankruptcy |
|
Jan. 22, 2003 | |
02-1201
|
Ruvacalba v. Munoz (In re Munoz)
Injured employee may obtain worker's compensation judgment against employer who receives bankuptcy discharge. |
Bankruptcy |
|
Jan. 22, 2003 | |
01-35819
|
In re: Bankruptcy Estate of MarkAir, Inc. (Barstow v. IRS)
In Chapter 11 bankruptcy proceeding, statutory tax lien does not include judicial lien securing underlying tax obligation. |
Bankruptcy |
|
Jan. 15, 2003 | |
01-56203
|
Eskanos & Adler PC v. Leetien
Collection agency was properly sanctioned for refusing to discontinue collection action in state court after debtor filed for bankruptcy. |
Bankruptcy |
|
Jan. 15, 2003 | |
00-56159
|
Thrifty Oil Co. v. Bank of America National Trust and Savings Assn.
Termination damages under interest rate swap agreement may be collected from debtor who filed for bankruptcy. |
Bankruptcy |
|
Jan. 15, 2003 | |
02-1314
|
Sallie Mae Servicing v. Williams (In re Williams)
Court properly denied motion to discharge student loan due to untimely filing. |
Bankruptcy |
|
Jan. 14, 2003 | |
02-1223
|
Garske v. Arcadia Financial Ltd. ( In re Garske)
Secured creditor may seek to collect payments by telephone from debtor who intends to retain property after debt is discharged in bankruptcy. |
Bankruptcy |
|
Jan. 14, 2003 | |
01-35892
|
North Slope Borough v. Barstow (In re MarkAir Inc.)
Holders of tax liens are entitled to share of proceeds from sale of real property owned by bankruptcy debtor. |
Bankruptcy |
|
Jan. 14, 2003 | |
01-56950
|
Zimmer v. PSB Lending Corp. (In re Zimmer)
Court erred in holding wholly unsecured lien is protected by antimodification clause of 11 U.S.C. Section 1322(b)(2). |
Bankruptcy |
|
Jan. 7, 2003 | |
02-1283
|
MicroAge Inc. v. Viewsonic Corp. (In re MicroAge Inc.)
Debtor may not use 11 U.S.C. Section 502(d) to defeat administrative claim already allowed. |
Bankruptcy |
|
Dec. 27, 2002 | |
01-17279
|
Markus v. Gschwend (In re Markus)
Bankruptcy court's dismissal of creditor's adversary complaint was proper because complaint didn't relate back to creditor's earlier motion objecting to discharge. |
Bankruptcy |
|
Dec. 25, 2002 | |
01-1359
|
Thiara v. Spycher Brothers (in re Thiara)
Bankruptcy court must determine conclusively that debtor's conversion of insurance proceeds was willful and malicious. |
Bankruptcy |
|
Nov. 26, 2002 | |
01-15544
|
Leonard v. St. Rose Dominican Hospital (In re Majewski)
Bankruptcy Code's anti-discrimination policy does not apply to individuals who have yet to file for bankruptcy. |
Bankruptcy |
|
Nov. 20, 2002 | |
00-17260
|
Smith v. Edwards & Hale Ltd. (In re Smith)
Awards of attorney fees, administrative fees and costs for services related to debtor's bankruptcy was not abuse of discretion. |
Bankruptcy |
|
Nov. 12, 2002 | |
00-16550
|
Aerocon Engineering Inc. v. Silicon Valley Bank (In re Work Auxiliary Power Co.)
Bank has perfected security interest in debtors' unregistered copyrights under California law. |
Bankruptcy |
|
Nov. 10, 2002 | |
01-56578
|
Culver v. Chiu (In re Chiu)
Debtor need not have interest in property at time debtor moves to avoid lien. |
Bankruptcy |
|
Nov. 10, 2002 | |
01-16080
|
Abele v. Modern Financial Plans Services Inc. (In re Cohen)
Transfer of proceeds is voidable where finance company is initial transferee of cashier's check. |
Bankruptcy |
|
Oct. 16, 2002 | |
00-56865
|
Hamada v. Far East National Bank (In re Hamada)
Bank has no right to subrogation because it was primarily liable for letters of credit issued on behalf of debtor. |
Bankruptcy |
|
Oct. 10, 2002 | |
01-56576
|
Beaty v. Selinger (In re Beaty)
Doctrine of laches applies to nondischargeability complaints brought under 11 U.S.C. Section 523(a)(3)(B). |
Bankruptcy |
|
Oct. 8, 2002 | |
01-56093
|
Staffer v. Predovich (In re Staffer)
Complaint asserting nondischargeability of debt may be filed at any time after bankruptcy proceeding was closed. |
Bankruptcy |
|
Oct. 8, 2002 | |
01-1526
|
Profit v. Savage (In re Profit)
Modification to bankruptcy plan was invalid because it exceeded 60 months in duration. |
Bankruptcy |
|
Oct. 8, 2002 | |
01-55547
|
Renwick v. Bennett (In re Bennett)
Settlement entered into after discharge does not qualify as reaffirmation agreement to pay discharged debt. |
Bankruptcy |
|
Sep. 25, 2002 | |
00-55207
|
Wolfson v. Watts (In re Watts)
Judgment creditor is entitled to surplus equity that accrues in declared homestead after abstract of judgment is recorded. |
Bankruptcy |
|
Sep. 25, 2002 | |
01-55953
|
U.S. v. Galletti (In re Galletti)
IRS may not collect debtor's tax deficiency without individualized assessments or judgments obtained within statutory period. |
Bankruptcy |
|
Sep. 25, 2002 | |
01-56445
|
In re George (George v. City of Morro Bay)
Debtors failed to establish takings claim under 42 U.S.C. Section 1983. |
Bankruptcy |
|
Sep. 25, 2002 | |
00-55846
|
Curry v. Castillo (In re Castillo)
Trustee enjoys immunity for scheduling and noticing bankruptcy confirmation hearing. |
Bankruptcy |
|
Sep. 25, 2002 |