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New Cases For the Week of February 3,
2003 - February 5, 2003
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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February
7, 2003
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Case
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Court
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Holding
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In
re Airspect Air, Inc.
(DBN Subscription Required) |
6th
Cir. BAP |
The
bankruptcy court erred in reducing special
counsel's contingency fee based upon a
finding that the fee was improvident in
light of events that could not have been
predicted at the time the contract was
approved. |
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February
6, 2003
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Case
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Court
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Holding
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In
re Stern
(DBN Subscription Required) |
9th
Cir. |
The
purposeful conversion of nonexempt assets
to exempt assets on the eve of bankruptcy
is not fraudulent per se |
In
re Bissonnet Investments LLC
(DBN Subscription Required) |
5th
Cir. |
The
Court of Appeals has jurisdiction to
review a district court's decision not to
remand a case removed pursuant to
bankruptcy court jurisdiction to state
court. |
In
re Johnson
(DBN Subscription Required) |
8th
Cir. BAP |
Although
the debtor did not live in the property
claimed as his homestead, he had a lien on
such property (which was occupied by his
ex-spouse and child) pursuant to a divorce
decree, and he was entitled to claim a
homestead exemption in the value of
that lien. |
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February
4, 2003
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Case
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Court
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Holding
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In
re Hood
(DBN Subscription Required) |
6th
Cir. |
Article
I, section 8 of the Constitution gives
Congress the power to abrogate states'
sovereign immunity to compel a state to
appear in federal court to adjudicate the
dischargeability of a student loan.
Through the Bankruptcy Clause to the
Constitution (authorizing Congress to pass
uniform laws regarding bankruptcy), the
states have ceded to the federal
government their immunity from suit in
bankruptcy. |
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