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New Cases For the Week of July 30, 2001 - August
3, 2001
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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August 3, 2001
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Case
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Court
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Holding
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In
re Vouzianas
(DBN Subscription Required) |
2d Cir. |
The
bankruptcy court did not abuse its discretion in refusing to
allow Chapter 7 trustee to hire disinterested law firm of his
choice to litigate estate cause of action for personal
injury. The attorney handling the matter prepetiion was
already familiar with the case and the debtor did not want him
removed. |
In
re Rodriquez
(DBN Subscription Required) |
8th Cir. |
After
the district court reversed a bankrtuptcy court ruling and
reinstated an order approving a sale (and while there was no
stay pending appeal in effect), the trustee completed the sale
by issuing a court officer's deed to the purchaser. The
aggrieved party continued the appeal to the Circuit Court,
which ruled that the appeal had become moot due to the
issuance of the dded. |
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July 31, 2001
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Case
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Court
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Holding
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In
re Kielisch
(DBN Subscription Required) |
4th Cir. |
The
holder of a nondischargeable student loan claim is not
precluded from applying Chapter 13 plan payments from the
Debtor's bankruptcy estates to post-petition interest on their
non-dischargeable student loan debts. |
In
re Apex Oil
(DBN Subscription Required) |
8th Cir.
BAP |
The
bankruptcy court did not err in granting summary judgment to a
lender with a collateral assignment of a debtor's accounts
receivable who alleged that the account debtor's setoff
against an account receivable violated the lien rights of the
lender. |
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July 30, 2001
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Case
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Court
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Holding
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In
re Hickman
(DBN Subscription Required) |
5th Cir. |
A
bail bond surety's obligation to the State on account of
"forfeited" bail bonds is not a forfeiture for
nondischargeability purposes under 11 USC 523(a)(7) |
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