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New Cases For the Week of September 30 2002
- October 4, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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October
3, 2002
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Case
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Court
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Holding
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In
re Alt
(DBN Subscription Required) |
6th
Cir. |
The
bankruptcy court did not err in dismissing
the Chapter 13 case of a debtor who, in
deposition, could not remember her phone
number, when she moved into her house or
how many people worked at her professional
corporation, and who failed to accurately
schedule her debt to the IRS after having
received a prepetition notice of
deficiency in excess of the eligibility
cap. |
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October
2, 2002
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Case
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Court
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Holding
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In
re Dial Business Forms
(DBN Subscription Required) |
8th
Cir. BAP |
Where
a confirmed plan granted the unsecured
creditor class a UCC lien and stated that
class held an interest subordinated to the
claim and lien of a prepetion UCC
creditor, the subordination language of
the plan prevented the unsecured class'
junior lien from moving up in priority
when the prepetiton UCC creditor failed to
file continuation statements. |
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September
30, 2002
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Case
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Court
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Holding
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In
re Staffer
(DBN Subscription Required) |
9th
Cir. |
A
separate motion to reopen is not necessary
when commencing an action for
nondischargeability of a debt under Rule
4007(b); a claimant can simply to file a
nondischargeability complaint.
In a discharge action based upon 11 USC
523(a)(3)((B) (i.e., nondischargeability
predicated upon the failure of the debtor
to schedule a debt which is otherwise
nondischargeable), even if the the 60-day
deadline contained in Rule 4007(b) and 11
USC 523(c) would have applied had the debt
been scheduled, the deadline to file
under section 523(a)(3)(B) is governed by
Rule 4007(c), which allows filing "at
any time." However, the debtor may
assert laches as a defense to such a
complaint. |
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