New Cases For the Week of
January 1, 2001 - January 5, 2001
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January 5,
2001
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Case
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Court
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Holding
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In
re Nangle
(need Adobe Acrobat Reader plug-in to view) |
8th Cir. BAP |
A
judgment for violation of the Fair Debt Collection Practices Act is
nondichargeable pursuant to 11 USC 523(a)(6) |
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January 4,
2001
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Case
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Court
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Holding
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| 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(unpublished) |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) |
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January 2,
2001
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Case
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Court
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Holding
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| 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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