Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-16059
|
Ferrari of North America Inc. v. Sims (In re R.B.B. Inc.)
Sale of debtor's franchise cannot occur when order approving transaction is ambiguous as to specific entity that will take assignment and fund purchase. |
Bankruptcy |
|
Jun. 29, 2000 | |
99-1628
|
Meronk v. Arter & Hadden
Surplus in bankrupt estate doesn't justify bonus to law firm that shortchanged itself by charging hourly instead of contingent fee. |
Bankruptcy |
|
Jun. 21, 2000 | |
99-1619
|
Jewell v. Beeler (In re Stanton)
Trustee is not entitled to determination that lien securing postpetition advances is invalid or can be avoided. |
Bankruptcy |
|
Jun. 21, 2000 | |
99-1502
|
Capobianco v. Trew (In re Capobianco)
Substitution of real party in interest did not abridge debtor's substantive right to discharge. |
Bankruptcy |
|
Jun. 19, 2000 | |
95-35630
|
Preblich v. Battley
To challenge the denial of an exemption claim, a debtor must file an appeal within 10 days of the order denying the claim. |
Bankruptcy |
|
Jun. 19, 2000 | |
98-3638
|
Bankruptcy Recovery Network v. Brown (In re Brown)
Order sanctioning secured creditor for violating a debtor's discharge injunction through postdischarge reaffirmation efforts is premature. |
Bankruptcy |
|
Jun. 19, 2000 | |
98-15292
|
Bankruptcy of Lowenschuss
Pension plan is not ERISA-qualified and part of the bankruptcy estate pursuant to Nevada law. |
Bankruptcy |
|
Jun. 15, 2000 | |
98-15347
|
Elias v. U.S. Trustee (In re Elias)
Bankruptcy court doesn't abuse its discretion in declining to reopen to set aside an appointment order and to consider attorney's fees. |
Bankruptcy |
|
Jun. 15, 2000 | |
98-35727
|
Hostmann v. Capital Consultants Inc.
Secured party's interest in collateral continues after unauthorized transfer, but may be terminated by satisfaction of debt or consensual transfer by debtor. |
Bankruptcy |
|
Jun. 15, 2000 | |
98-35576
|
Beam v. IRS (In re Beam)
A trustee must honor an IRS notice of levy on funds deposited by debtors into an unconfirmed Chapter 13 plan. |
Bankruptcy |
|
Jun. 15, 2000 | |
99-409
|
Hartford Underwriters Ins. Co. v. Union Planters Bank
Administrative claimant does not have independent right to seek payment from property encumbered by secured creditor's lien. |
Bankruptcy |
|
Jun. 14, 2000 | |
98-35881
|
Lares v. West One Bank (In re Lares)
Proceeds from sale of debtor's home aren't protected from lender's setoff based on personal guarantee by statute exempting them from attachment, execution, or forced sale. |
Bankruptcy |
|
Jun. 14, 2000 | |
96-17213 and 97-16506
|
Bankruptcy of Lowenschuss
Plan confirmation order is vacated based on error in determining that pension plan was not part of bankruptcy estate. |
Bankruptcy |
|
Jun. 14, 2000 | |
97-17333
|
Investment Materials Corporation v. First Interstate Bank of Nevada (In re Nevada Equipment Wholesalers Inc.)
Plaintiff is entitled, and has sole claim, to proceeds held in trust account resulting from sale of specific inventory. |
Bankruptcy |
|
Jun. 14, 2000 | |
99-1699
|
Bebensee-Wong v. Federal National Mortgage Ass'n
Relief from automatic stay appropriate when trustee's deed recorded within grace period provided by California Civil Code Section 2924h(c). |
Bankruptcy |
|
Jun. 13, 2000 | |
98-35115
|
Slack v. Wilshire Insurance Co.
Debt in Chapter 13 bankruptcy proceeding can be liquidated even though liability is disputed. |
Bankruptcy |
|
Jun. 13, 2000 | |
98-55545
|
Dorame v. Seh (In re Dorame)
Where notice of appeal is untimely, the court lacked jurisdiction to hear appeal. |
Bankruptcy |
|
Jun. 12, 2000 | |
98-55597
|
National Environmental Waste Corp. v. Stephens, Berg & Lasaster (In re National Environmental Waste Corp.)
State statue of limitations is extended for corporation in reorganization when recovery of claim will substantially benefit estate. |
Bankruptcy |
|
Jun. 12, 2000 | |
99-15052
|
Wood v. Divelbiss & Divelbiss (In re Wood)
Party has standing where she manifested her intent to appeal in the notice of appeal itself and subsequent submissions. |
Bankruptcy |
|
Jun. 12, 2000 | |
98-56660
|
O'Rourke v. Kipperman (In re: Superior Crane & Rigging Inc.)
Dismissal is warranted where defendant can prove not set of facts in support of his claim which would entitle him to relief. |
Bankruptcy |
|
Jun. 9, 2000 | |
94-01666
|
Bankruptcy of Zapanta
Attorney's act of cashing checks for prepetition services is violation of automatic stay. |
Bankruptcy |
|
Jun. 9, 2000 | |
96-53628
|
Bankruptcy of Hakim
Automatic stay relief is warranted to pursue asset ownership litigation in federal and foreign courts. |
Bankruptcy |
|
Jun. 9, 2000 | |
98-16088
|
Chiarello v. Samson (In re Samson)
Nonjudicial arbitration proceeding should not be given collateral estoppel effect under California law. |
Bankruptcy |
|
Jun. 9, 2000 | |
98-55279
|
Luo v. Li (In re Luo)
State court sanctions must be reconsidered in light of new case law which modified the elements of nondischargeability under section 523(a)(6). |
Bankruptcy |
|
Jun. 9, 2000 | |
98-56427
|
Herbert v. United States (In re Herbert)
Fees and sanctions were limited where party failed to submit adequate proof of damages they incurred. |
Bankruptcy |
|
Jun. 9, 2000 | |
98-16811
|
Smith v. Arizona State Land Department (In re: Garcia)
Land sale contract between debtors and Arizona state Land Department is an executory contract pursuant to Section 365. |
Bankruptcy |
|
Jun. 9, 2000 | |
98-55652
|
Pena v. Halpern (In re Halpern)
Undisclosed sale of partnership did not require finding of nondischargeability. |
Bankruptcy |
|
Jun. 9, 2000 | |
97-35736
|
Giordano v. Opportunity Management Inc. (In re Giordano)
Court didn't abuse its discretion by converting Chapter 11 case where there was no reasonable likelihood of estate's rehabilitation. |
Bankruptcy |
|
Jun. 9, 2000 | |
98-55005
|
California Coast Development Group Inc. v. Malloy (In re Royal Palms Retirement Center)
Default judgment should be vacated where no behavior occurred to satisfy the level of culpability required. |
Bankruptcy |
|
Jun. 9, 2000 | |
98-55482
|
Coleman v. Belgrave Entertainment Associates (In re Coleman)
Collateral estoppel precludes relitigation of the issue of defalcation. |
Bankruptcy |
|
Jun. 9, 2000 |