New Cases For the Week of January 29, 2001 - February 2, 2001

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February 2, 2001

Case

Court

Holding

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

Case

Court

Holding

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. 

January 31, 2001

Case

Court

Holding

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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