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New Cases For the Week of September 15,
2003 - September 19, 2003
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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September
15, 2003
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Case
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Court
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Holding
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In
re Rowanoak Corporation
(DBN Subscription Required) |
1st
Cir. |
In
a fraudulent transfer case in which the
defendant alleged that payments to her
from the debtor were repayments of prior
loans (and thus "reasonably
equivalent value"), the trustee met
his burden of proof by evidence that there
were no promissory notes, security
agreements, etc. memorializing such loans
and that all checks written by the
defendant were made out to third
parties. The bankruptcy court did
not err in drawing a negative inference
from the defendant's failure to offer the
debtor's bank records into evidence. |
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September
17, 2003
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Case
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Court
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Holding
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In
re Mantz
(DBN Subscription Required) |
9th
Cir. |
Because
there was no final administrative
determination of the California debtors'
tax liability prior to the commencement of
bankruptcy proceedings, the bankruptcy
court had jurisdiction to consider the
debtors objection to the claim of the
taxing agency. |
United
States Internal Revenue Service v. Snyder
(DBN Subscription Required) |
9th
Cir. |
An
IRS claim for delinquent taxes secured
outside of bankruptcy by a lien on a
debtor's interest in an ERISA-qualified
pension plan is not "secured"
within the meaning of 11 USC § 506(a)
because a debtor's interest in an
ERISA-qualified plan is excluded from the
bankruptcy estate pursuant to 11 U.S.C. §
541(c)(2). |
In
re Bauer
(DBN Subscription Required) |
8th
Cir. BAP |
The
bankruptcy court did not err in finding
bad faith on the part of the debtors or in
disallowing the debtors' attempt to amend
their exemptions because of such bad
faith. |
In
re Holmes
(DBN Subscription Required) |
Bankr.
M.D. Ga. |
The
IRS' refusal to consider
offers-in-compromise during the pendency
of a bankruptcy frustrates the basic
policy of bankruptcy and can be enjoined. |
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September
15, 2003
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Case
|
Court
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Holding
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In
re Mantz
(DBN Subscription Required) |
9th
Cir. |
Because
there was no final administrative
determination of the California debtors'
tax liability prior to the commencement of
bankruptcy proceedings, the bankruptcy
court had jurisdiction to consider the
debtors objection to the claim of the
taxing agency. |
United
States Internal Revenue Service v. Snyder
(DBN Subscription Required) |
9th
Cir. |
An
IRS claim for delinquent taxes secured
outside of bankruptcy by a lien on a
debtor's interest in an ERISA-qualified
pension plan is not "secured"
within the meaning of 11 USC § 506(a)
because a debtor's interest in an
ERISA-qualified plan is excluded from the
bankruptcy estate pursuant to 11 U.S.C. §
541(c)(2). |
In
re Bauer
(DBN Subscription Required) |
8th
Cir. BAP |
The
bankruptcy court did not err in finding
bad faith on the part of the debtors or in
disallowing the debtors' attempt to amend
their exemptions because of such bad
faith. |
In
re Holmes
(DBN Subscription Required) |
Bankr.
M.D. Ga. |
The
IRS' refusal to consider
offers-in-compromise during the pendency
of a bankruptcy frustrates the basic
policy of bankruptcy and can be enjoined. |
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September
15, 2003
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Case
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Court
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Holding
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In
re Morton
(DBN Subscription Required) |
6th
Cir. BAP |
"Party
in interest" is not limited solely to
creditors. A person who may be
liable with the debtor on a debt is a
party in interest entitled to notice and
with standing to participate in a
bankruptcy case. |
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