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New Cases For the Week of September 24, 2001 -
September 28, 2001
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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September 28, 2001
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Case
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Court
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Holding
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In
re Francheschi
(DBN Subscription Required) |
9th Cir.
BAP |
California's
attorney discipline system is an arm of the State for 11th
Amendment purposes. 11th Amendment immunity is not limited to
federal suits for money damages, a suit for declaratory and
injunctive relief against a state agency is barred by the
Eleventh Amendment. Accordingly, the bankruptcy court did not
err in dismissing a debtor/attorney's suit against the State
Bar and a client/creditor who had filed a grievance based upon
11th Amendment and Younger Doctrine principles. |
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September 27, 2001
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Case
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Court
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Holding
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In
re Crystal Properties, Ltd.
(DBN Subscription Required) |
9th
Cir. |
Even
when the terms of a note do not require notice or demand as a
prerequisite to accelerating a note, the holder must take
affirmative action to notify the debtor that it intends to
accelerate. The exercise of the option to accelerate
must be in a manner that is clear and unequivocal and
effectively informs the maker that the option to accelerate
has been exercised. The creditor's failure to give such notice
to the debtor limited the creditor's entitlement to default
interest in the debtor's bankruptcy. Moreover, because of the
way the note was drafted, the creditor was not entitled to
default interest based upon a default occurring after
maturity, but only upon a default occurring before
maturity. |
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September 24, 2001
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Case
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Court
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Holding
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In
re Danny's Markets, Inc.
(DBN Subscription Required) |
6th Cir. |
Trustee
fees in a Chapter 11 case must be based on the amount of all
payments until the case is converted, dismissed, or closed |
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