New Cases For the Week of
April 2, 2001 - April 6, 2001
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April 5,
2001
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Case
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Court
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Holding
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In
re Dunbar
(DBN Subscription Required) |
9th Cir. |
Regardless
of the Rooker-Feldman doctrine, because the automatic stay is a core,
fundamental aspect of bankruptcy law, a decision by a State
administrative law judge regarding the scope of the automatic stay does
not preclude reconsideration of the issue by the bankruptcy court. |
Stoehr
v. Prince Mohamed Bin Bander Mohamed Bin Abdul Rahman Al Saud
(DBN Subscription Required) |
1st Cir. |
Since
the trial court explicitly found that a debtor/defendant's actions were
"fraudulent" and "knowing," the bankruptcy court did
not err in holding that the Chapter 93A debt arising from such actions
was nondischargeable under 11 USC 523(a)(2). |
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April 3,
2001
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Case
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Court
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Holding
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In
re Segerstrom
(DBN Subscription Required) |
5th Cir. |
When
a debtor/tort defendant denies that her attorney or insurance company committed
malpractice and that the tortious conduct was attributable to another,
that denial does not destroy potential malpractice claims, or deprive
her bankruptcy state of ownership of such claims, but it does have
strong probative weight as to the validity of such claims. |
In
re Su
(DBN Subscription Required) |
9th Cir. BAP |
The
bankruptcy court erred in holding a debt nondischargeable under 11 USC
523(a)(6) based upon a finding that a debtor's driving of a van at a
speed of 37 miles per hour in a 25 miles per hour zone reflected an
objective substantial certainty that the conduct would result in
injury. The court applied an incorrect legal standard. The correct
standard is whether the debtor believed (subjectively) that his conduct
was substantially certain to result in injury. |
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