New Cases For the Week of
January 29, 2001 - February 2, 2001
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February 2,
2001
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Case
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Court
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Holding
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In
re M.M. Winkler and Assoc.
(DBN Subscription Required) |
5th Cir. |
The
language of 11 USC 523(a)(2) focuses on the type of the debt, not the
culpability of the debtor or whether the debtor personally benefited
from the debt. Accordingly, an innocent general partner of a
debtor who owes a fraud debt to a partnership creditor may not discharge
such debt. |
| In
re Jeter |
8th Cir. |
A
debtor's entitlement to postpetition alimony payments is not property of
the estate under 11 USC 541(a)(5)(B) |
February 1,
2001
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Case
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Court
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Holding
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| In
re Family Snacks, Inc. |
8th Cir. BAP |
A
debtor can reject a collective bargaining agreement even after it has
sold substantially all of its assets.
A debtor's failure to reject a collective bargaining
agreement does not automatically result in the assumption of the
agreement. |
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January 31,
2001
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Case
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Court
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Holding
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In
re The Ginther Trusts
(DBN Subscription Required) |
5th Cir. |
Arguments
not presented at the bankruptcy court level, including the issue of
whether a purchaser acted in good faith, will not be considered by the
Court of Appeals.
Where the bankruptcy court had previously determined
that it had subject matter jurisdiction over a debtor (i.e., by finding
that the debtor was an eligible "person"), and the decision is
not successfully appealed, a creditor appealing a subsequent sale order
cannot assert that the court lacked subject matter jurisdiction.
The bankruptcy court did not err in finding that a
fractured co-ownership situation, arising after the division of certain
testamentary trusts, was a de facto joint venture under applicable State
law, and thus eligible as a "person" to file bankruptcy. |
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