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Name Category Published
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
U.S. v. Klein (In re Chapman)
Government forfeiture of property for drug use is not subject to automatic stay from bankruptcy proceeding. 		Bankruptcy Aug. 5, 2001
In re Winkle
Colorado exemption statute doesn't preclude debtor from claiming tools of trade exemption for motor vehicles. 		Bankruptcy Jul. 31, 2001
Rein v. Providian Financial Corp.
Debtor's later action against creditor isn't barred by res judicata when prior bankruptcy action not concluded to final judgment on merits. 		Bankruptcy Jul. 25, 2001
Watson v. Parker (In re Parker)
Legal malpractice claim against attorney debtor is dischargeable in Chapter 7 'no asset' bankruptcy. 		Bankruptcy Jul. 24, 2001
Galam v. Carmel (Larry's Apartment L.L.C.)
Attorney fee award granted by bankruptcy court pursuant to Arizona statutes regarding sanctions and contract claims is improper. 		Bankruptcy Jul. 18, 2001
Baldwin v. Kilpatrick (In re Baldwin)
Bankruptcy court properly gave preclusive effect to state court's default judgment. 		Bankruptcy Jul. 18, 2001
State Bar of California v. Taggart (In re Taggart)
Attorney's debt to state bar for cost of disciplinary proceedings is compensation for actual pecuniary loss and should be discharged. 		Bankruptcy Jul. 17, 2001
Scovis v. Henrichsen (In re Scovis)
Eligibility for Chapter 13 bankruptcy is determined by debtor's originally filed schedules so long as they were prepared in good faith. 		Bankruptcy Jul. 17, 2001
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