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New Cases For the Week of May 14, 2001 - May 18, 2001
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- The Source for Business Bankruptcy Information on the Internet
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May 18, 2001
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Case
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Court
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Holding
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In
re Thompson
(DBN Subscription Required) |
6th Cir.
BAP |
Under
applicable State law, a magistrate's order, which was not
entered as a judgment by a State court judge prepetition, was
not entitled to preclusive effect in a dischargeability
proceeding. |
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May 16, 2001
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Case
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Court
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Holding
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In
re Johnson Brothers Trucking
(DBN Subscription Required) |
4th
Cir. |
In
order to ascertain whether or not a transfer was made in the
ordinary course of business, the court must "engage in a
peculiarly factual analysis. The focus of the court's inquiry
must be directed to an analysis of the business practices
which were unique to the particular parties under
consideration. In conducting its inquiry, the court's
attention should be drawn to the reality of the situation and
not the formal structure.
Under the facts of this case, an obligation
reflected on the debtor's books and records as a "long
term debt" to an insider was not made in the ordinary
course of business or under ordinary business terms where no
note was delivered and no "terms" specified. |
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May 14, 2001
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Case
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Court
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Holding
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In
re Scovis
(Adobe Acrobat plug-in required to view) |
9th Cir. |
A
debtor's eligibility to file Chapter 13 is determined as of
the petition date primarily by reference to the schedules, and
the BAP erred in considering postpetition evidence regarding
changes in the nature and amount of debtors' unsecured debts.
All of a judgment creditor's debt (which was
secured by a subsequently-avoided homestead judgment lien) was
unsecured on the petition date for eligibility purposes
where the debtors scheduled the lien and the homestead
exemption, thereby enabling the court to ascertain with
reasonable certainty the nature and amount of the claim. |
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