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New Cases For the Week of December 23, 2002
- December 27, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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December
26, 2002
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Case
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Court
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Holding
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In
re Zimmer
(DBN Subscription Required) |
9th
Cir. |
A
wholly unsecured lienholder is
not entitled to the
protections of 11 U.S.C. §
1322(b)(2) |
In
re Parker
(DBN Subscription Required) |
10th
Cir. |
The
bankruptcy court did not err
in permitting a debtor in a no
asset case to reopen his
Chapter 7 case and amend his
schedules to include a legal
malpractice claim that a
former client held against
him.
After
examining a split in the
Circuits between a
"mechanical test"
and an "equitable"
test (which includes
examination of the debtor's
intent in omitting a creditor
from the schedules), the Court
adopts the mechanical test for
reopening a case.
Rejecting
the reasoning of the Third
Circuit's holding in Frenville,
the Court holds that a
malpractice claim arises on
the date the malpractice
occurs. |
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December
23, 2002
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Case
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Court
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Holding
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In
re Stoltz
(DBN Subscription Required) |
2d
Cir. |
11
U.S.C. § 525(a) of the
Bankruptcy Code precludes a
public housing authority from
evicting a debtor-tenant from
public housing based on her
nonpayment of discharged,
prepetition rent. |
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