New Cases For the Week of September 30 2002 - October 4, 2002

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October 3, 2002

Case

Court

Holding

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.

October 2, 2002

Case

Court

Holding

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.

September 30, 2002

Case

Court

Holding

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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