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New Cases For the Week of February 16,
2004 -
February 20, 2004
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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February
20, 2004
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Case
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Court
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Holding
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American
General Finance v. Merritt
(DBN Subscription Required) |
Bankr.
C.D. Ill. |
Nondischargeability
claim for fraud and false
financial statement denies
where creditor failed to prove
reliance |
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February
19, 2004
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Case
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Court
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Holding
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In
re All Trac Transporation,
Inc.
(DBN Subscription Required) |
Bankr.
N.D. Tx. |
A
creditor’s insistence on
payment of pre-petition debt
to do business with a Chapter
11 debtor may amount to a
violation of the automatic
stay.
Although
lost past and future profits
can be recovered as contempt
sanctions for violations of
the automatic stay, the debtor
failed to prove that a
creditor's stay violations
caused the discontinuance of
the debtor's operations. |
In
re Alderson
(DBN Subscription Required) |
Bankr.
Neb. |
Liability
arising under a
debtor/tenant's lease
obligation to return the
leased premises in good
condition were
nondischargeable where the
court found that the debtor
intentionally damaged the
leased premises. |
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February
18, 2004
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Case
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Court
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Holding
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TWA,
Inc. v. The Golf Channel
(DBN Subscription Required) |
Bankr.
DE |
Although
there is a ban on amending a
complaint to state a new set
of operative facts after
limitations has run, a
preference plaintiff is
entitled to amend its
complaint to correct factual
inaccuracies revealed in
discovery which pertain to the
basic transaction
alleged in the original
complaint. |
In
re Kingen
(DBN Subscription Required) |
Bankr.
C.D. Ill. |
Disputed
questions of fact as to
Defendants' receipt of notice
of bankruptcy case precluded
summary judgment. |
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