New Cases For the Week of
February 19, 2001 - February 23, 2001
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February 23,
2001
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Case
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Court
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Holding
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In
re Fors
(Adobe Acrobat Reader required to view) |
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. |
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February 22,
2001
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Case
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Court
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Holding
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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. |
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February 21,
2001
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Case
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Court
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Holding
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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unpublished |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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