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New Cases For the Week of August 20, 2001 - August
24, 2001
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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August 23, 2001
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Case
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Court
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Holding
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Shaia
v. Meyer
(DBN Subscription Required)
Shaia
v. Meyer
(DBN Subscription Required)(4th Cir. opinion)
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S. Ct. |
New
cert. petition: Can bankruptcy court set aside indirect
transfer by debtor to debtor and his nonbankrupt spouse, which
occurs by means of debtor's prepayment of two home mortgages,
secured by real estate owned by debtor and his nonbankrupt
spouse as tenants by entireties? |
In
re 229 Main Street Limited Partnership
(DBN Subscription Required) |
1st
Cir. |
11
U.S.C. § 362(a), does not prevent a state from simultaneously
creating and perfecting an environmental superlien on a
debtor's property after the institution of a bankruptcy
proceeding. |
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August 22, 2001
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Case
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Court
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Holding
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In
re Robinson
(DBN Subscription Required) |
6th Cir.
BAP |
Under
the Rooker Feldman doctrine, the bankruptcy court lacked power
and jurisdiction to review a prepetition arbitration ruling or
the State court ruling that arbitration was required |
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August 21, 2001
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Case
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Court
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Holding
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Spenlinhauer
v. O'Donnell
(DBN Subscription Required) |
1st Cir. |
When
a Chapter 7 debtor appeals a sale order, he must adduce
sufficient evidence to demonstrate that the challenged order
directly and adversely affects his pecuniary interests. To
establish appellate standing, he must prove a total
nonexempt-asset valuation exceeding all allowed claims against
the chapter 7 estate - to which the debtor, individually,
would become entitled once the bankruptcy case is closed. |
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August 20, 2001
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Case
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Court
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Holding
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In
re Cady
(DBN Subscription Required) |
9th Cir.
BAP |
Preclosing
execution of a judgment, which has been held by the bankruptcy
court to be non-dischargeable, upon property of the debtor
which is not property of the estate, is not a violation of the
stay. |
In
re Clark
(DBN Subscription Required) |
9th Cir
BAP |
When
a debtor's exemption claim is ambiguous, an objection thereto
may not be barred by expiration of the 30-day objection
period. Taylor v. Freeland & Kronz, 503 U.S. 638, 641-645
(1992). |
In
re Ho
(DBN Subscription Required) |
9th Cir.
BAP |
Although
a bankruptcy court cannot reconsider an earlier decision
denying a stay (and thus belatedly impose one) after a notice
of appeal is filed, the bankruptcy court can enter an original
stay pending appeal after a notice of appeal is filed |
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