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New Cases For the Week of October 15, 2001 -
October 19, 2001
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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October 19, 2001
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Case
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Court
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Holding
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In
re Commercial Financial Services
(Adobe Reader plug-in required to view) |
Bankr.,
N.D. Okla. |
Section
510(b) of the Bankruptcy Code preempts state constructive
trust law. Asset-backed securities issued in connection
with the subject securitizations are "securities"
for the purpose of section 510(b). |
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October 18, 2001
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Case
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Court
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Holding
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In
re Schmitz
(DBN Subscription Required) |
9th Cir. |
When
a fisherman filed for bankruptcy a year-and-a-half before the
Secretary of Commerce promulgated regulations creating
post-filing fishing quota rights based on the fisherman's
pre-filing catch history the quota rights were not property of
the bankruptcy estate because: (1) the regulations did not
exist at the time the debtor filed his petition; and (2)
although the quota rights were calculated on the basis of the
debtor's pre-filing fishing history, they govern his
post-filing right to fish. |
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October 16, 2001
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Case
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Court
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Holding
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In
re Hill
(DBN Subscription Required) |
9th Cir.
BAP |
A
credit card debt on which the debtor's mother is the account
debtor is not a debt on which the mother is "liable
with" the debtor justifying disparate treatment under 11
USC 1322(b)(1). The debt owed by the debtor is to her
mother, not to the credit card companies. |
In
re Markus
(DBN Subscription Required) |
9th Cir.
BAP |
An
untimely "adversary proceeding" complaint amends and
"relates back" to a timely-filed "contested
matter" motion |
Spieker
v. SPFC Liquidating Trust
(DBN Subscription Required) |
9th Cir. |
An
indenture provision requiring payments due to junior
noteholders to be paid to senior noteholders was not an
unenforceable ipso facto clause, since the provision applied
prepetition as well as postpetition. |
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October 15, 2001
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Case
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Court
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Holding
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In
re Maughan
(DBN Subscription Required) |
6th Cir.
BAP |
Unless
a request for an extension of time to file a discharge
complaint is based on an error of the Bankruptcy Court or
clerk's office, the request must be filed before the
expiration of the bar date. |
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