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New Cases For the Week of April 1, 2002 - April
5, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
April
5, 2002
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Case
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Court
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Holding
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In
re: Eagle-Picher Industries, Inc., et al.,
(DBN Subscription Required) |
1st Cir. |
The
bankruptcy court did not err by finding that a creditor's
timely postconfirmation notice to two of the three entities to
whom notice was required was substantial compliance with the
plan's notice requirements. The court did not fail to apply
proper "excusable neglect" standards for enlargement
of time. Instead it found that the timely notice (albeit
incomplete) substantially complied, thereby negating any need
for enlargement of time. |
In
re Diamond
(DBN Subscription Required) |
9th Cir.
BAP |
Bankruptcy
law does not require a creditor to have investigated a
debtor's representations in order to demonstrate justifiable reliance
for dischargeability and preclusion purposes.
When an "intentional breach of contract is accompanied by tortious conduct which results in willful and malicious injury, the resulting debt is excepted from discharge under § 523(a)(6). |
In
re Magnolia Gas Co.
(DBN Subscription Required) |
10th
Cir. |
The
appellate court lacks jurisdiction to entertain an appeal
concerning whether cash collateral orders blessing a lender's
first lien position elevated the lender's lien over properly
perfected statutory liens |
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April
4, 2002
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Case
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Court
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Holding
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Bannistor
v. Ullman
(DBN Subscription Required) |
5th Cir. |
To
conduct the "de novo review" required by section
157(c)(1), a district court must consider the record and not
merely the report and recommendations of a magistrate or
bankruptcy judge. However, a district court's statement that
it conducted de novo review is presumptively valid, if not
dispositive. |
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April
3, 2002
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Case
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Court
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Holding
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In
re Home Restaurants
(DBN Subscription Required) |
1st Cir. |
The
bankruptcy court did not err in granting a default judgment
without a hearing on a third party surcharge complaint against
a bank. The bank claimed that the lack of a hearing was
error, but "it is precisely the right to contest
liability that a party gives up when it declines to
participate in the judicial process." Although
default hearings are sometimes required to a assess damages,
where damages are specified in precise dollar figures in the
leadings, no hearing is required. |
Howard
v. Lexington Investments, Inc.
(DBN Subscription Required) |
1st Cir. |
The
bankruptcy court did not err in dismissing a Chapter 13
debtor's case for failure to file tax returns by a
Court-established deadline. |
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April
1, 2002
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Case
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Court
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Holding
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Blue
Chip Co. v. Workers' Comp. Appeal Board
(DBN Subscription Required) |
Commonwealth
Crt. - PA |
The
enactment of workers' compensation laws is an exercise of the
State legislature's police powers, and the administration of
such laws is an exercise of such police powers exempt from the
automatic stay. |
Welsh
v. Case
(DBN Subscription Required) |
Crt.
App. - OR |
A
debt arising from postpetition bankruptcy professional
services is not discharged upon confirmation of a Chapter 12
plan. |
Western
Bank v. Zak
(DBN Subscription Required) |
Supreme
Crt. - CT |
A
postpetition transfer from an individual debtor in a Chapter 7
case to a third party is sufficient to confer standing on the
third party if the bankruptcy trustee fails to move to avoid
the transfer or expresses an intent to do so within the
two-year limitations period of section 549. |
Gutierrez
v. Cayman Islands Firm of Deloitte & Touche
(DBN Subscription Required) |
Crt.
App. - TX |
The
trial court abused its discretion in finding that it lacked
personal jurisdiction over the Cayman Islands office of a
Ponzi debtor's auditor. |
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