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New Cases For the Week of January 26, 2003 -
January 30, 2004
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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January
30, 2004
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Case
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Court
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Holding
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Dunmore
v. United States
(DBN Subscription Required) |
9th
Cir. |
Federal
tax refund claims constituted
non-core proceedings in
bankruptcy court; taxpayer
entitled to adjudication by
Article III district court
judge. |
In
re Gunter
(DBN Subscription Required) |
Bankr.
Colo. |
The
diversion by an employer of
funds withheld from employees'
wages for payment to an ERISA
plan gives rise to a
nondischargeable debt under 11
USC 523(a)(4). |
In
re National Forge Company
(DBN Subscription Required) |
Bankr.
W.D. Pa. |
A
creditors' committee was not
barred (by prior orders) or
estopped (by judicial estoppel)
from bringing actions against
a debtor's bank. |
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January
29, 2004
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Case
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Court
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Holding
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In
re Armstrong
(DBN Subscription Required) |
10th
Cir. BAP |
The
bankruptcy court erred in
imposing criminal sanctions
when a creditor had requested
imposition of civil sanctions. |
In
re Great Road Service Center,
Inc.
(DBN Subscription Required) |
1st
Cir. BAP |
An
unsecured creditor whose claim
would not receive a dividend
if certain professional fees
were disallowed lacked
standing to appeal the Court's
order with respect to such
fees. |
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January
28, 2004
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Case
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Court
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Holding
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In
re Delaney-Morin
(DBN Subscription Required) |
9th
Cir. BAP |
The
bankruptcy court erred in
granting relief from stay
based upon a secured
creditor's attorney's avowals
to the Court regarding alleged
post-petition defaults
at a hearing that was noticed
as
"non-evidentiary." |
In
re Goswami
(DBN Subscription Required) |
9th
Cir. BAP |
A
debtor's ability to amend his
or her claim of exemptions
does not terminate upon case
closure. |
In
re Adams
(DBN Subscription Required) |
Bankr.
N.D. Tex. |
A
lender with defective loan
documents can use the cure
provisions of the Texas
Constitution's home equity
loan authorization to avoid
loss of its lien. |
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January
27, 2004
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Case
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Court
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Holding
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Lamie
v. UST
(DBN Subscription Required) |
S.
Ct. |
Bankruptcy
law doesn't allow the awarding
of fees to a debtor's attorney
after a bankruptcy estate is
converted to Chapter 7
liquidation |
In
Coumbe
(DBN Subscription Required) |
9th
Cir. BAP |
Distributions
to a Chapter 7 debtor from a
valid spendthrift trust within
180 days after the filing
bankruptcy are property of the
estate if the source of the
distributions is income from
the trust (as opposed to the
corpus). |
In
re Loyd
(DBN Subscription Required) |
9th
Cir. BAP |
Sua
sponte sanctions under Rule 11
cannot require payment of
attorney fees to another party
in interest. |
In
re Liptak
(DBN Subscription Required) |
Bankr.
N.D. Ill. |
A
debtor who does not operate a
business and who has
sufficient assets to pay his
primary creditor has not filed
his Ch. 11 bankruptcy case in
good faith. |
In
Re: Payless Cashways, Inc.
(DBN Subscription Required) |
Bankr.
W.D. Mo. |
An
insurance provider is entitled
to the value of the services
provided during the post
petition period if the debtor
neither accepts nor rejects
the policies prior to their
termination. The application
of a letter of credit to the
pre petition claim the letter
of credit secures will not be
included in the calculation of
the value of the post petition
services provided the insurer
does not receive more than the
minimum premium to which the
policies entitled it. |
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January
26, 2004
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Case
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Court
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Holding
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In
re Moffett
(DBN Subscription Required) |
4th
Cir. |
Because
a debtor's right to redeem a
vehicle under Virginia law was
part of her bankruptcy estate,
and because the reorganization
plan provided for the exercise
of her right of redemption,
the bankruptcy court did not
err in ordering an adequately
protected secured creditor to
return to the debtor a vehicle
repossessed prepetition. |
International
Financial Services Corporation
v. Chromas Technologies
Canada, Inc.
(DBN Subscription Required) |
7th
Cir. |
Under
Illinois law, a cause of
action for piercing the
corporate veil is an equitable
claims as to which there is no
right to a jury trial. |
In
re Whitcomb
(DBN Subscription Required) |
Bankr.
N.D. Ill. |
Section
523(a)(19) makes a debt
non-dischargeable if two
conditions are met: (1) the
debt is for the violation of
certain federal securities
laws, state securities laws or
regulations under the federal
or state securities laws or is
for common law fraud, deceit,
or manipulation in connection
with the purchase or sale of
any security; and (2) the debt
results from a judgment,
order, consent order or decree
in a federal or state judicial
or administrative proceeding
or any settlement agreement
entered by the debtor or any
court or administrative order
for the payment of damages, a
fine, penalty, citation,
restitutionary payment,
disgorgement payment, attorney
fee, cost or other payment
owed by the debtor.
A
debt arising from a debtor's
prepetition settlement of a
securities fraud suit was
nondischargeable. |
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