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Krasnoff v. Marshack (General Carriers Corp.)
Bankruptcy court has no jurisdiction to hear abstention motion when no adversary proceedings were before it.
Bankruptcy May 10, 2001
Tobin v. Sans Souci Limited Partnership (In re Tobin)
President who had no knowledge of fraud of corporation is not precluded from seeking discharge of his debt through bankruptcy.
Bankruptcy May 10, 2001
Tsurukawa v. Nikon Precision Inc. (In re Tsurukawa, fdba High Innovation)
Martial union alone cannot serve as basis for imputing fraud from one spouse to other under bankruptcy code.
Bankruptcy May 10, 2001
First Card v. Hunt (In re Hunt)
Debtor did not act fraudulently absent proof that credit card debt was incurred in bad faith with intention of filing bankruptcy.
Bankruptcy May 10, 2001
Ganis Credit Corp. v. Anderson (In re Weilert)
Creditor is not entitled to preferential payment made outside 20-day time limit that is business industry standard.
Bankruptcy May 10, 2001
Crow Winthrop Development Limited Partnership v. Jamboree LLC (In Re Crow Winthrop Operating Partnership)
Contract provision that terminated parking privileges in event of facility's change of ownership is invalid anti-assignment clause.
Bankruptcy May 10, 2001
Crump v. United States (In re Crump)
There was sufficient notice of seizure and sale of debtor's property and delegating authority to conduct sale to private company is appropriate.
Bankruptcy May 10, 2001
In re Gomez
Non-attorney bankruptcy petition preparer violates 11 U.S.C. Section 110 by advertising legal services and engaging in unfair and deceptive acts.
Bankruptcy May 10, 2001
In re Spade
Bankruptcy court to abstain from hearing case when state court provides suitable alternate forum.
Bankruptcy May 10, 2001
McKowen v. United States (In re McKowen)
Debtor's obligation to IRS based on transferee liability under federal statute is non-tax debt and thus discharged through bankruptcy proceedings.
Bankruptcy May 10, 2001
In re Marin
Attorney fails to comply with bankruptcy provisions requiring disclosure of fees and application for fees paid out of bankruptcy estate.
Bankruptcy May 10, 2001
In re Vogt
Collection agency has no obligation to change way it reports the status of debt under Bankruptcy Code.
Bankruptcy May 10, 2001
People v. Franz
Shushing sound along with throat-slashing gesture made by defendant to witnesses was sufficient verbal communication to constitute terrorist threat.
Criminal Law and Procedure May 10, 2001
People v. Herrera
Additional three-year term gang enhancement may be applied to 25 years to life first-degree murder sentence.
Criminal Law and Procedure May 10, 2001
Judy v. Hanford Environmental Health Foundation
Worker may not sue employer who failed to inform her that health examination revealed she was not physically capable of performing job.
Employment Law May 9, 2001
U.S. v. Sparks
Order
Criminal Law and Procedure May 9, 2001
Rylee v. Massanari
Order
Administrative Agencies May 9, 2001
Lorillard Tobacco Co. v. Reilly
Order
May 9, 2001
Kane v. Bank of America National Trust and Savings Association, Inc.
Unconventional endorsements didn't create duty in bank to inquire into validity of transactions underlying checks.
Banking May 9, 2001
Park v. INS
Conviction for involuntary manslaughter under California Penal Code constitutes aggravated felony for which alien is deportable.
Immigration May 9, 2001
Lambright v. Stewart
Convicted murderer granted evidentiary hearing on ineffective assistance of counsel claim because he presented colorable claim for relief.
Criminal Law and Procedure May 9, 2001
Graham v. The Balcor Co.
Court clarifies earlier judgment to allow plaintiff to pursue state-law claims on their merits in district court.
Civil Procedure May 9, 2001
Smith v. Stewart
Defendant whose attorney failed to present evidence of mental impairment at sentencing phase is entitled to evidentiary hearing in federal court.
Criminal Law and Procedure May 9, 2001
Benefield v. McDowall
Prison official may be personally liable for labeling inmate as 'snitch.'
Prisoners Rights May 9, 2001
Home Savings of America v. Continental Insurance Co.
Mortgagee may recover under standard mortgage clause where insured demolished premises and breached homeowners' policy without mortgagee's knowledge.
Insurance May 9, 2001
U.S. v. Lopez-Osuna
Amended opinion
May 9, 2001
Oxendine v. Kaplan
Inmate's complaint establishes facts sufficient to make a claim that physician's conduct violated his constitutional rights.
Constitutional Law May 9, 2001
Bear Medicine v. United States
Discretionary function exception does not shield government from liability under Federal Tort Claims Act.
Torts May 9, 2001
Hawaii Teamsters and Allied Workers Union v. United Parcel Service
Arbitration decision upholding termination may not be disrupted if decision is based on collective bargaining agreement.
Labor Law May 9, 2001
English v. Cody
Request for certificate of appealability is denied and appeal is dismissed because petitioner's claims of confrontation clause violations were unsupported by evidence.
Criminal Law and Procedure May 9, 2001