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New Cases For the Week of January 14, 2002 -
January 18, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
January
17, 2002
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Case
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Court
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Holding
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| DuBois
v. Ford Motor Credit |
8th Cir. |
A car
lender did not violate the discharge injunction when its
debtor agreed to roll postpetition excess wear charges arising
on account of a prepetition contract into a second,
postdischarge contract for another vehicle. |
| In
re Vote |
8th Cir. |
A
debtor's rights in a refund arising under legislation passed
after the petition date was not sufficiently rooted in the
debtor's prepetition past to include such property in the
estate. |
January
15, 2002
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Case
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Court
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Holding
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In
re Huang
(DBN Subscription Required) |
9th Cir. |
It
is against public policy for a debtor to waive the prepetition
protection of the Bankruptcy Code. Accordingly, a settlement
agreement's provisions that the judgment and debt are not
dischargeable, and that the debtor will not enter bankruptcy,
are unenforceable.
Although the settlement agreement (which
concluded a lawsuit against the debtor in which fraud and
other claims were asserted) could be entitled to collateral
estoppel effect under appropriate circumstances, the absence
of any mention of fraud claims in the settlement precluded the
use of collateral estoppel to establish fraud in a
nondischargeability action. |
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January
14, 2002
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Case
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Court
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Holding
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Allen
v. Allen
(DBN Subscription Required) |
9th Cir. |
The
bankruptcy court erred in denying an ex-spouse relief from the
automatic stay imposed by her former husband's bankruptcy
filing so that she could pursue in state court a modification
of spousal support and an appeal of a dissolution
judgment. 11 U.S.C. § 362(b)(2)(A)(ii), which exempts
"the commencement or continuation of an action or
proceeding for . . . the establishment or modification of an
order for alimony, maintenance, or support. |
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