|
New Cases For the Week of February 9, 2003 -
February 13, 2004
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
|
February
13, 2004
|
|
Case
|
Court
|
Holding
|
In
re Villarreal
(DBN Subscription Required) |
8th
Cir. BAP |
The
Bankruptcy Court did not err
when it found that the debtor
had received proper notice of
a motion to dismiss the
Chapter 13 case and related
deadlines to respond. |
|
|
|
|
February
12, 2004
|
|
Case
|
Court
|
Holding
|
In
re Byrd
(DBN Subscription Required) |
4th
Cir. |
An
unstayed state court judgment
on credit card liabilities
that is pending appeal cannot
constitute a "bona fide
dispute" for purposes of
11 U.S.C. § 303(b) where the
debtor failed to present any
substantial factual or legal
questions as to his liability. |
In
re American Telecom Corp.
(DBN Subscription Required) |
Bankr.
N.D. Ill. |
Because
a corporate debtor's Ch. 7
case was filed solely to
interfere with the efforts of
the corporation's single
creditor to pierce the
corporate veil through alter
ego claims against the owners,
the case should be dismissed. |
|
|
|
|
February
11, 2004
|
|
Case
|
Court
|
Holding
|
Krystal
Energy Company v. Navajo
Nation
(DBN Subscription Required) |
9th
Cir. |
Indian
tribe was not protected by
sovereign immunity from
adversary action under
Bankruptcy Code. |
In
re Fluke
(DBN Subscription Required) |
Bankr.
De. |
Ex-spouse's
postdischarge conduct in
obtaining modification of
divorce property settlement
agreement violated the
discharge injunction. |
|
|
|
|
February
10, 2004
|
|
Case
|
Court
|
Holding
|
In
re Harris
(DBN Subscription Required) |
Bankr.
E.D.Mi. |
A
Ch. 13 plan is not required to
pay a secured creditor monthly
payments that at least equal
the monthly depreciation on
the secured creditor's
collateral |
|
|
|
|
|
|
|