New Cases For the Week of January 1, 2001 - January 5, 2001

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January 5, 2001

Case

Court

Holding

In re Nangle
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8th Cir. BAP A judgment for violation of the Fair Debt Collection Practices Act is nondichargeable pursuant to 11 USC 523(a)(6)

January 4, 2001

Case

Court

Holding

In re Renovizor's, Inc. 9th Cir. 9th Circuit, in an appeal regarding a taxing agency's bankruptcy claim, certifies the following question to the California Supreme Court:

Under California law, must civil tax fraud be proved by clear and convincing evidence or instead by a preponderance of the evidence?

Lind-Waldock & Co. v. Moorehead
(unpublished)
4th Cir. A margin debt is not a consumer debt susceptible to nondischargeability under 11 USC 523(a)(2)(C)

January 2, 2001

Case

Court

Holding

In re Farley 7th Cir. Where applicable State law allows a debtor/employer to post a surety bond (in lieu of purchasing insurance) to guarantee payment of workers' compensation benefits, the surety is subrogated to the rights of the employees it pays such that the surety is entitled to make a claim for benefits paid against the debtor/employer's bankruptcy estate.
 
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