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New Cases For the Week of January 7, 2002 -
January 11, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
January
11, 2002
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Case
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Court
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Holding
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| In
re Petro |
7th Cir. |
The
bankruptcy court erred in requiring the debtors to continue to
submit sworn affidavits with statements of their income and
check stubs to the standing Chapter 13 Trustee after
confirmation of their plan. |
| In
re Miller |
8th
Cir. |
In
a nondischargeability action against am investment advisor,
the bankruptcy court erred in imputing the advisor's fraud to
his supervisors by way of the "controlling person"
provision § 20(a). |
| In
re Long |
8th Cir.
BAP |
The
bankruptcy court did not err in finding that repayment of a
student loan would impose an undue hardship on the debtor,
even though the debtor presented no expert testimony regarding
her present or future medical condition. |
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January
10, 2002
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Case
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Court
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Holding
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| In
re Barnes |
7th Cir. |
Although
some Indiana case law indicates that liquor licenses are not
property, the debtor's license possesses the attributes of
property and was sold by the trustee. Indiana law does
not prohibit attachment of an involuntary lien on a liquor
license. |
| In
re Wick |
8th
Cir. |
When
a debtor's stock options had not vested on the petition date,
the bankruptcy estate was entitled to the part of the options’
value that was the result of the debtor's pre-petition
services, less her exemption amount. |
| In
re Perkins |
8th Cir. |
Rule
4004 (governing the time frame for filing dischargability
objections) is not jurisdictional but, rather, subject to the
defenses of waiver, estoppel and equitable tolling. |
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January
9, 2002
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Case
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Court
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Holding
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Walls
v. Wells Fargo Bank
(DBN Subscription Required) |
9th Cir. |
There
is no implied private right of action for violation of the
discharge injunction. The appropriate remedy is a
contempt proceeding, not an individual or class action claim
for damages or a claim for violation of the Fair Debt
Collection Practices Act. |
In
re Paulson
(DBN Subscription Required) |
8th Cir. |
An
appeal of a bankruptcy sale is not moot if the court can
render relief as to the sale proceeds. However in this
case the sale proceeds would be property of the bankruptcy
estate even if the debtor prevailed on appeal, thereby
rendering the appeal moot. |
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