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New Cases For the Week of May 20, 2002 - May 24, 2002
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- The Source for Business Bankruptcy Information on the Internet
May
23, 2002
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Case
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Court
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Holding
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Burnes
v. Pemco Aeroplex
(DBN Subscription Required) |
11th Cir. |
A
debtor's failure to list an employment discrimination claim in
his bankruptcy schedules judicially estopped him from pursuing
claims for monetary relief with respect to such claims.
He was however, entitled to pursue claims for injunctive
relief. |
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May
22, 2002
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Case
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Court
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Holding
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In
re Farr
(DBN Subscription Required) |
9th Cir.
BAP |
The
bankruptcy court erred in ruling that a California debtor
could exempt his entire homestead against collection of a
nondischargeable debt. Under section 522(c), the debtor's
exempt interest in the homestead was protected, but that
interest was limited to $100,000, not the entire homestead. |
In
re Ingrid-Joy Warrick
(DBN Subscription Required) |
9th Cir.
BAP |
Lack
of notice of entry of an order is not a basis for finding an
otherwise untimely appeal to be timely on the grounds of
excusable neglect. |
In
re Maximus Computers
(DBN Subscription Required) |
9th Cir.
BAP |
A
creditor authorized by the court per § 503(b)(3)(B) to
recover property for the estate may sue in the trustee's name
without counsel being employed under § 327 and without
counsel being "disinterested"; such a creditor has
standing; and, third, since §§ 327 and 503(b)(3)(B) are not
mutually exclusive, decisions affirming § 327 employment of a
creditor's lawyer should be understood as permitting, but not
requiring, § 327 employment when § 503(b)(3)(B) permission
would suffice |
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May
21, 2002
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Case
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Court
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Holding
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| In
re Su |
9th Cir. |
Disagreeing
with the "objective substantial certainty" test
employed in the 5th Circuit, the Court affirms reversal of a
nondischargeability judgment that was based upon the
bankruptcy court's erroneous reliance on a 523(a)(6) standard
that found liability where debtor's conduct represented
"an objective substantial certainty of harm or a
subjective motive to cause harm.” |
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May
20, 2002
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Case
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Court
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Holding
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In
re Henricksen
(DBN Subscription Required) |
8th Cir.
BAP |
The
bankruptcy court did not err in denying a Chapter 7 debtor's
motion for reconsideration of the court's earlier order
approving a settlement of the certain exemption claims
asserted by the debtor. |
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