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New Cases For the Week of August 11,
2003 - August 15, 2003
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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August
15, 2003
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Case
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Court
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Holding
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In
re Valley Media, Inc.
(DBN Subscription Required) |
Del.
Bankr. |
A
creditors' committee can pursue actions
belonging to the estate based upon either:
(i) court permission or (ii) debtor
consent.
When debtor's counsel holds a conflict as
to a potential litigation target of an
estate cause of action, debtor's inability
to bring such cause of action will be
presumed. |
In
re Maughan
(DBN Subscription Required) |
6th
Cir. |
Bankruptcy
Rules 4004(a) and 4007(c)--the rules
governing the filing of complaints
objecting to discharge under 11 U.S.C.
§§ 523 and 727--are not jurisdictional
in nature, but instead establish only
filing deadlines that are subject to
equitable tolling |
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August
12, 2003
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Case
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Court
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Holding
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Bolen
v. Dengel
(DBN Subscription Required) |
5th
Cir. |
Although
the United States Trustee's Handbook is
not a duly-enacted regulation entitled to
judicial deference, the agency's
interpretation of a trustee fee statute,
as reflected in the Handbook is
persuasive. The court did not err in
upholding the UST's "expense first,
funds available" method of
calculating trustee fees and expense
reimbursement. |
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August
11, 2003
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Case
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Court
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Holding
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In
re Evert
(DBN Subscription Required) |
5th
Cir. |
The
bankruptcy court erred in allowing a
debtor's claim of exemption under 11 USC
522(d)(10(D) for a $65,000 promissory note
payable to the debtor from her ex-husband
and issued in connection with their
divorce. |
In
re O'Hearn
(DBN Subscription Required) |
7th
Cir. |
The
bankruptcy court erred in granting a
debtor an undue hardship discharge of
student loan debt where (i) the 43-year
old debtor with no dependents made
$1,500/month more than the IRS guidelines
for a family of two, (ii) the Court made
unsupported assumptions about the cost of
expenses and (iii) there was insufficient
evidence to tell if the debtor had job
skills that would be transferable to
higher-paying occupations. |
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