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New Cases For the Week of July 16, 2001 - July
20, 2001
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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July 20, 2001
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Case
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Court
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Holding
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In
re O'Connor
(DBN Subscription Required) |
5th Cir. |
Because
applicable State law prevents a partner from making any other
person a member of a partnership without the other partners'
consent, the executory partnership agreement between the
debtor/partner and his partners could not be assumed.
Since the agreement was neither assumed or
rejected, it passed through the bankruptcy and benefits
thereunder were due to the debtor, not the postconfirmation
liquidating trustee. |
In
re Carney
(DBN Subscription Required) |
5th Cir. |
A
taxpayer/debtor's deemed admission that the proof of claim
filed by the IRS in his bankruptcy case was accurate precluded
him from thereafter attacking the validity of such claim |
Cadle
Company v. John Richard Schlichtman
(DBN Subscription Required) |
1st Cir. |
A
security interest in the accounts receivable of a law
firm--including an account arising from a contingent fee
agreement-- survives the firm's dissolution and the bankruptcy
of one of its partners and, attaches to a post-bankruptcy
payment of the fee |
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July 19, 2001
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Case
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Court
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Holding
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In
re Luongo
(DBN Subscription Required) |
5th Cir. |
Despite
the prohibition against postdischarge setoffs in 11 USC 524, a
creditor entitled to setoff a prepetition debt against a
prepetition claim is entitled to effect such a setoff after
discharge |
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July 18, 2001
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Case
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Court
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Holding
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Allustiarte
et. al. v. US
(DBN Subscription Required) |
Fed.
Cir. |
The
Court has no authority to review takings-type claims arising
from the bankruptcy-court-approved actions of bankruptcy
trustees. |
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July 17, 2001
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Case
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Court
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Holding
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In
re Yates Development, Inc.
(DBN Subscription Required) |
11th
Cir. |
11
USC 365(e)(1) proscribes ipso facto contractual forfeitures or
burdens based only upon: (i) insolvency or financial
condition, (ii) commencement of a bankruptcy case or (iii)
appointment of a trustee or pre-bankruptcy receiver.
This provision is exclusive, and forfeitures or burdens
occurring because of other conditions, such as the passage of
time, are not proscribed by the statute. |
Tavenner
v. Smoot
(DBN Subscription Required) |
4th Cir. |
A
bankruptcy trustee can avoid a transfer of potentially exempt
property on the ground that the debtor transferred the
property with the intent to hinder, delay, or defraud his
creditors under 11 U.S.C. S 548 |
Goldberg
v. Ellett
(DBN Subscription Required) |
9th Cir. |
Although
a discharge order is binding against a State holding a tax
debt when the State elects not to participate in a bankruptcy
and does not file a proof of claim, because of the 11th
Amendment the order cannot be enforced against non-consenting
States in an adversary proceeding where the State or a state
agency is a named defendant.
However, under the Ex Parte Young doctrine,
a discharged debtor can enforce postdischarge violations of
the discharge injunction by a State through a suit against the
responsible individual employed by the State. |
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