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New Cases For the Week of December 30, 2002
- January 3, 2003
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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January
3, 2002
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Case
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Court
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Holding
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In
re Williams
(DBN Subscription Required) |
9th
Cir. BAP |
The
bankruptcy court did not err
in upholding a default
judgment discharging a student
loan when the debtor had
served Sallie Mae's registered
agent, and the registered
agent's records reflected
actual notice to Sallie Mae. |
In
re Garske
(DBN Subscription Required) |
9th
Cir. BAP |
Phone
solicitation to a debtor after discharge
by a secured creditor is not a per se
violation of § 524(a)(2). |
In
re Thomas
(DBN Subscription Required) |
9th
Cir. BAP |
The
determination of "good
faith" belongs in the
first instance to the
bankruptcy court and that when
the issue of § 363(m)
"good faith" arises
for the first time on appeal,
it is appropriate to remand to
the trial court for the
limited purpose of affording
it the opportunity to examine
and rule upon the
fact-intensive question |
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December
31, 2002
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Case
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Court
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Holding
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In
re Sylmar Plaza, L.P.
(DBN Subscription Required) |
9th
Cir. |
The
bankruptcy court did not err
in finding that a plan was
filed in good faith when the
plan was filed by solvent
debtors in order to cure and
reinstate a defaulted note
thereby avoiding payment of
approximately $1,000,000
default interest. |
In
re Prescription Home Health
Care, Inc.,
(DBN Subscription Required) |
5th
Cir. |
The
bankruptcy court erred in approving as plan
of reorganization that temporarily enjoined
the IRS from assessing trust fund taxes
against the debtor's president so long as
the debtor timely made payment of such taxes
under the plan. Although the bankruptcy
court has equitable authority under Energy
Resources to require plan payments to
be applied first to trust fund taxes, the
court lacks jurisdiction to determine the
tax liability of third parties, and the
temporary injunction had the practical effect
of such a determination. |
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December
30, 2002
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Case
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Court
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Holding
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United
States v. Wheeldon
(DBN Subscription Required) |
8th
Cir. |
Under
the federal sentencing
guidelines, one of the
principal factors in
determining a sentence is the
"loss."
"Loss" means the
greater of the actual loss or
the intended loss. In a
bankruptcy fraud prosecution
based upon concealment of
assets (which were worth far
less than the scheduled debt)
in a case in which a discharge
was not granted, the court
erred in finding that the
intended loss was the value of
the debt which the debtor
sought to discharge. The
correct figure for the
intended loss was the value of
the concealed assets. |
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