New Cases For the Week of August 6, 2001 - August 10, 2001

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August 10, 2001

Case

Court

Holding

In re Peklar 9th Cir. A civil judgment in California court for conversion under California law does not necessarily include a finding that the defendant caused "willful and malicious injury" within the meaning of 523(a)(6), thereby precluding the use of collateral estoppel to establish nondischargeability.
In re Commodore Internatinal Limited 2d Cir. A creditors' committee's ability to pursue estate causes of action is not limited to situations where a trustee or debtor in possession unjustifiably fails to bring suit or abuses its discretion in not suing.  A creditors' committee may acquire standing to pursue the debtor's claims if (1) the committee has the consent of the debtor in possession or trustee, and (2) the court finds that suit by the committee is (a) in the best interest of the bankruptcy estate, and (b) is "necessary and beneficial" to the fair and efficient resolution of the bankruptcy proceedings

August 6, 2001

Case

Court

Holding

In re Kieslich
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9th Cir. Although as a general rule subject matter jurisdiction cannot be waived, a party waives its right to complain of a bankruptcy court's allegedly improper exercise of discretionary or related jurisdiction if it fails to raise the issue in the bankruptcy court.
 
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