New Cases For the Week of December 16, 2002 - December 20, 2002

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December 18, 2002

Case

Court

Holding

In re Markus
(DBN Subscription Required)
9th Cir. The court erred in allowing a creditor to prosecute an umtimely dischargeability complaint based upon a prior motion which arguably implicated denial of discharge issues.  

December 17, 2002

Case

Court

Holding

In re Davis
(DBN Subscription Required)
11th Cir. A Chapter 13 trustee has no authority to unilaterally modify a confirmed Chapter 13 plan without an order from the bankruptcy court, and any discharge granted pursuant to such a modification  is reversible.

December 16, 2002

Case

Court

Holding

United States v. Chavin
(DBN Subscription Required)
7th Cir. The district court did not err in imposing a sentence of 33 months in prison against a bankruptcy attorney who aided his client in perjury effected through a bankruptcy.
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