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New Cases For the Week of November 18, 2002
- November 22, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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November
20, 2002
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Case
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Court
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Holding
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Thrifty
Oil Co. v. Bank of America
National Trust and Savings
Association
(DBN Subscription Required) |
9th
Cir. |
"Termination
damages" under an interest rate swap
agreement, entered into between a lender
and a borrower as part of a larger
financing transaction, do not constitute
unmatured interest disallowed under
Section 502(b)(2) of the Bankruptcy Code |
In
re Thiara
(DBN Subscription Required) |
9th
Cir. BAP |
The
mere intentional nature of
conversion is insufficient to
satisfy the requirement that
the creditor must strictly
prove subjective intent to
injure to establish
nondischargeability. |
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November
18, 2002
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Case
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Court
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Holding
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Choy
v. Redland Insurance Company
(DBN Subscription Required) |
Cal.
App. 2d |
Plaintiff
could not assert state tort remedies as
means to avoid federal bankruptcy
pre-emption. |
In
re Mehta
(DBN Subscription Required) |
3rd
Cir. |
A
student's outstanding tuition
balance at the university he
was attending is an
educational loan or benefit
subject to the
dischargeability standards of
11 USC 523(a)(8). |
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