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New Cases For the Week of July 8, 2002 - July
12,
2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
July
10, 2002
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Case
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Court
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Holding
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In
re Mitchell
(DBN Subscription Required) |
9th Cir.
BAP |
Section
549(c) is not an exception to the automatic stay. The
Bankruptcy Court did not err in ruling that a bona fide
postpetition purchaser from a creditor who had foreclosed
without notice of a bankruptcy was required to return the
subject property to the estate, since the foreclosure and
subsequent sale violated the automatic stay. |
In
re Kontrick
(DBN Subscription Required) |
7th Cir. |
The
60-day period to object to discharge is not jurisdictional,
and is thus subject to equitable extension or waiver. |
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July
9, 2002
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Case
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Court
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Holding
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In
re Pimeline Securities
(DBN Subscription Required) |
10th
Cir. |
In
a SIPC proceeding, a claim arising from a claimant's
misappropriated deposit of funds to purchase traditional
securities is qualified for coverage. However, a similar
claim for the purchase of nontraditional securities (in this
case, a pooled investment) is not covered unless the subject
securities are registered. |
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July
8, 2002
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Case
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Court
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Holding
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In
re Bame
(DBN Subscription Required) |
8th Cir.
BAP |
The
bankruptcy court properly applied the marshaling doctrine to
require taxing authorities to proceed first against real
property owned by a nondebtor spouse to satisfy their claims
before participating in any distribution from the bankruptcy
estate |
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