New Cases For the Week of
February 5, 2001 - February 9, 2001
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February 8,
2001
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Case
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Court
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Holding
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In
re Tobin
(DBN Subscription Required) |
9th Cir. BAP |
For
nondischargeability purposes, imputing vicarious liability to an
innocent shareholder of a corporation when an alter ego finding is
made is inconsistent with the fresh start policies of the Bankruptcy
Code. |
In
re General Carriers Corp.
(DBN Subscription Required) |
9th Cir. BAP |
Because
of the Barton Doctrine (requiring that a suit against a trustee in his
official capacity cannot be brought without leave of court) the trustee
of a bankruptcy estate acted improperly in suing the ex-trustee of the
bankruptcy trustee in State court, and then asking the bankruptcy court
to "abstain" from hearing the suit, which had not even been
removed to bankruptcy court. |
In
re: Tsurukaw, Etsuko
(DBN Subscription Required) |
9th Cir. BAP |
For
nondischargeability purposes, vicarious imputation of a husband's
wrongful acts to his wife is improper when there was no finding that the
wife intended to defraud the creditor. |
| In
re Houweling |
8th Cir. BAP |
When
a creditor which filed a late notice of appeal to an order granting a
motion to redeem, and the bankruptcy court denied the creditor's motion
for an extension of the 10-day appellate deadline, the sole issue on
appeal was whether the bankruptcy court erred in denying the motion for
extension (implicitly finding the absence of "excusable
neglect"), and not whether the court erred in granting the motion
to redeem.
Since the creditor offered no evidence that its late
appeal was the result of excusable neglect, the bankruptcy court's
denial of an extension of the appellate deadline was not error. |
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February 7,
2001
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Case
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Court
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Holding
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Walton
v. Jamko
(DBN Subscription Required) |
11th Cir. |
The
Office of the United States Trustee is required to collect
postconfirmation fees from a debtor calculated as a percentage of all of
the debtor's disbursements (including ordinary operating expenses), not
merely the disbursements made pursuant to the confirmed plan. |
Aiello
v. Providian Financial
(DBN Subscription Required) |
7th Cir. |
An
individual injured by a violation of the automatic stay may not recover
emotional distress damages under 11 USC 362(g) on account of such a
violation. The protection, afforded by the stay is financial in
character; it is not protection of peace of mind. "Bankruptcy is a
harrowing experience, for the bankrupt but sometimes for the creditors
as well. The Bankruptcy Code was not drafted with reference to the
emotional incidents of bankruptcy, and bankruptcy judges are not
selected with reference to their likely ability to evaluate claims of
emotional injury." |
In
re Hunt
(DBN Subscription Required) |
9th Cir. |
A
creditor which was prevented by technical procedural rule violations
from offering all of its evidence in a nondischargeability proceeding
was liable for the debtor's attorney's fees, since the evidence that the
creditor was able to have admitted had virtually no tendency to prove
that the debtor acted in the manner alleged in the complaint.
Although the debtor did include a prayer for an award
of attorneys' fees under 11 USC 523( d) in his answer to a
nondischargeability complaint, he did include such a request in his
pretrail conference statement, which was incorporated by reference in
the court's pretrial order, effectively amending the pleadings. |
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