New Cases For the Week of February 19, 2001 - February 23, 2001

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February 23, 2001

Case

Court

Holding

In re Fors
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8th Cir. BAP While a debtor/doctor's violation of a State ethical statute cannot per se establish malice or willfulness for purposes of dischargeability under 11 USC 523(a)(6), such a violation is probative of the issues pertaining to such nondischargeability.  The Bankruptcy Court did not err in finding that a liabilities arising from sexual contacts between a debtor/chiropractor his patients was nondischargeable.

February 22, 2001

Case

Court

Holding

Herbstein v. Breutman
(DBN Subscription Required)
7th Cir. Despite the automatic stay arising from a debtor's bankruptcy filing, a district court presiding over a creditor's postjudgment collection proceeding did not err in impounding the passport of the debtor where the debtor had demonstrated a history of leaving the country to avoid collection.  

February 21, 2001

Case

Court

Holding

Wilkow v. Forbes
(DBN Subscription Required)
7th Cir. Forbes did not libel the owner of 203 North LaSalle Street Partnership when it published an article critical of the debtor's cram down strategy and the Circuit's endorsement thereof.
In re Ottoson-King
(DBN Subscription Required)
unpublished
4th Cir. A debtor/attorney's inability to explain the disposition of $750,000 in antiques listed on her bank financial statement (when she listed $1,100 of such assets on her bankruptcy schedules) warranted denial of discharge under 11 USC 727(a)(5) for failure to adequately explain the loss of assets.
 
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