| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 97-1493, 97-1494 and 97-1616 
 | 
Bankruptcy of Sale Guaranty Corporation
 Trustee can not use strong-arm powers to access property held in trust as part of a tax-deferred exchange.  | 
Bankruptcy | 
 | 
May 11, 1999 | |
| 
 97-1148 
 | 
Bankruptcy of Beguelin
 Creditor entitled to interest from Chapter 13 petition date to beyond plan effective date at federal judgment rate.  | 
Bankruptcy | 
 | 
May 10, 1999 | |
| 
 97-1258 
 | 
Bankruptcy of Sedona Institute
 Creditor attorney may recover fee as administrative expense where creditor has no administrative expense claim.  | 
Bankruptcy | 
 | 
May 10, 1999 | |
| 
 97-55174 
 | 
Siegel v. Federal Home Loan Mortgage Corp.
 Allowance of bankruptcy claim on note is res judicata in debtor's subsequent suit against creditor.  | 
Bankruptcy | 
 | 
May 10, 1999 | |
| 
 97-56151 
 | 
Bankruptcy of Rothery
 Partial summary judgment as to number of creditors required for an involuntary petition is proper.  | 
Bankruptcy | 
 | 
May 10, 1999 | |
| 
 97-1418 
 | 
Bank of America v. 203 North Lasalle Street Partnership
 Equity security holders cannot contribute new value under plan and retain interest in debtor where opportunity is exclusive.  | 
Bankruptcy | 
 | 
May 10, 1999 | |
| 
 98-15195 
 | 
Bankruptcy of Paul Clayton Jess
 Debtor's entitlement to contingent fee payment attributable to prepetition work is part of bankruptcy estate.  | 
Bankruptcy | 
 | 
May 6, 1999 | |
| 
 98-20585 
 | 
Enea v. Coldwell Banker/Del Monte Realty
 Listing broker need not split commission with buyer's broker absent agreement.  | 
Bankruptcy | 
 | 
Apr. 29, 1999 | |
| 
 97-1935 
 | 
Bankruptcy of Pederson
 Debtor can't avoid judgment lien that attaches to homestead property upon acquisition of the property.  | 
Bankruptcy | 
 | 
Apr. 29, 1999 | |
| 
 98-55029 
 | 
Bankruptcy of Moses
 'Keogh Plan' set up as spendthrift trust with anti-alienation provision is not part of bankruptcy estate.  | 
Bankruptcy | 
 | 
Apr. 26, 1999 | |
| 
 98-5000 
 | 
Bankruptcy of Stewart
 Chapter 7 bankruptcy case is properly dismissed for 'substantial abuse.'  | 
Bankruptcy | 
 | 
Apr. 22, 1999 | |
| 
 96-1660 and 96-1943 
 | 
Bankruptcy of DiSalvo
 It is reversible error to extinguish debt and security as sanction for violating one action rule.  | 
Bankruptcy | 
 | 
Apr. 14, 1999 | |
| 
 97-1574 & 97-1698 
 | 
Bankruptcy of American Eagle Mfg. Inc.
 Chapter 7 trustee is properly certified pursuant to 11 U.S.C. Section 702 after a disputed creditor election.  | 
Bankruptcy | 
 | 
Apr. 13, 1999 | |
| 
 97-1418 
 | 
Bank of America Natl. Trust v. 203 N. LaSalle St. Partners
 Equity holders may not, over objection, contribute new capital in exchange for ownership in a reorganized entity.  | 
Bankruptcy | 
 | 
Apr. 13, 1999 | |
| 
 97-1470 
 | 
Bankruptcy of Gardenhire
 Equitable tolling leads to finding that claim of government unit is timely in reinstated bankruptcy case.  | 
Bankruptcy | 
 | 
Apr. 13, 1999 | |
| 
 97-1480 
 | 
Bankruptcy of Walsh
 Section 362(h) authorizes award of reasonable appellate attorney fees resulting from willful violation of stay.  | 
Bankruptcy | 
 | 
Apr. 13, 1999 | |
| 
 97-1467 
 | 
Bankruptcy of Cardinalli
 Retroactive approval of employment and compensation to attorney for Chapter 7 trustee is not allowed.  | 
Bankruptcy | 
 | 
Apr. 13, 1999 | |
| 
 D026953 
 | 
Pauletto v. Reliance Insurance Co.
 Claims for malicious prosecution and abuse of process are pre-empted by federal bankruptcy laws.  | 
Bankruptcy | 
 | 
Apr. 13, 1999 | |
| 
 97-1228 
 | 
Bankruptcy of Ernst Home Center Inc.
 Appeal is dismissed as moot due to changed circumstances where no stay was ordered pending appeal.  | 
Bankruptcy | 
 | 
Apr. 13, 1999 | |
| 
 97-1404 
 | 
Bankruptcy of Molina
 State court punitive damage award with no findings precludes relitigation of intent in nondischargeability proceeding.  | 
Bankruptcy | 
 | 
Apr. 13, 1999 | |
| 
 98-6063 
 | 
Woods v. Kenan
 Bankruptcy court may revoke automatic abandoment of properties resulting from mistaken case closure.  | 
Bankruptcy | 
 | 
Apr. 13, 1999 | |
| 
 97-15936 
 | 
Bankruptcy of Hopkins
 Taxpayer must retain 'innocent spouse' defense to avoid tax lien in bankruptcy proceeding.  | 
Bankruptcy | 
 | 
Apr. 12, 1999 | |
| 
 97-35502 
 | 
Bankruptcy of United Marine Shipbuilding Inc.
 Government setoff rights aren't waived by mistaken disbursement of tax refund to bankruptcy trustee.  | 
Bankruptcy | 
 | 
Apr. 11, 1999 | |
| 
 97-1089 and 97-1145 
 | 
Bankruptcy of Wytch
 Order retroactively annulling automatic stay validates postpetition foreclosure sale and unlawful detainer action.  | 
Bankruptcy | 
 | 
Apr. 6, 1999 | |
| 
 97-35197 and 97-35312 
 | 
Star Phoenix Mining Co. v. West One Bank
 Failure to preserve deficiency claim against debtor doesn't forfeit right to collect deficiency from guarantor.  | 
Bankruptcy | 
 | 
Apr. 5, 1999 | |
| 
 96-1975 
 | 
Bankruptcy of DiSalvo
 Ruling in dischargeability action doesn't bar subsequent determination of claim for abuse of process.  | 
Bankruptcy | 
 | 
Apr. 5, 1999 | |
| 
 97-1019 
 | 
Bankruptcy of Friedman
 Money borrowed from retirement plan is not a "payment of benefits" sufficient to invoke exemption.  | 
Bankruptcy | 
 | 
Apr. 4, 1999 | |
| 
 96-56445 
 | 
Bankruptcy of 1441 Veteran Street Co.
 Lien can't be stripped down based on unconfirmed reorganization plan's collateral valuation.  | 
Bankruptcy | 
 | 
Apr. 2, 1999 | |
| 
 96-55735 
 | 
Bankruptcy of Hines
 Postpetition collection effort by attorney to collect prepetition fee doesn't violate automatic stay.  | 
Bankruptcy | 
 | 
Apr. 2, 1999 | |
| 
 97-1830 
 | 
Bankruptcy of Baldwin Builders
 Creditor isn't entitled to replacement lien after asset transfer due to invalid and unperfected secured rights.  | 
Bankruptcy | 
 | 
Apr. 1, 1999 | 
