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New Cases For the Week of March 22, 2004 -
March 26, 2004
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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March
26, 2004
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Case
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Court
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Holding
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In
re Holquin
(DBN Subscription Required) |
Bankr.
N.D. Cal. |
A
case converted to chapter 7
after plan confirmation should
be no different than one
converted prior to
confirmation. Assets
that revest in the debtor at
confirmation are held in trust
for the benefit of plan
creditors. |
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March
25, 2004
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Case
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Court
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Holding
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In
re Fleury
(DBN Subscription Required) |
1st
Cir. BAP |
Where
the sole issue (the status of
a debt to an ex-spouse) in a
debtor's appeal of dismissal
of her bankruptcy case for bad
faith was resolved during the
pendency of the appeal, the
appeal was moot and had to be
dismissed. However, any
orders entered by the
bankruptcy judge regarding the
allowability of claims prior
to dismissal of the case
remained in full force and
effect. |
In
re Integrated Health Services,
Inc.
(DBN Subscription Required) |
Bankr.
DE |
Unjust
enrichment can be found only
when there is no written
agreement binding the parties. |
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March
24, 2004
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Case
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Court
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Holding
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United
States v. Galletti
(DBN Subscription Required) |
S.
Ct. |
So
long as the IRS assesses a
partnership's tax liability
against the partnership within
three years, it is not
required to separately assess
the partnership's tax
liabilities against the
general partners in order to
preserve its 10-year period to
collect from the general
partners. |
In
re EXDS, Inc.
(DBN Subscription Required) |
Bankr.
DE |
Where
there are fact issues
regarding whether a debtor
which paid the debt of its
subsidiary may have also been
directly liable to the
creditor (preference
defendant) for that debt,
summary judgment for the
creditor is not
warranted. |
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March
23, 2004
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Case
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Court
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Holding
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In
re Wood
(DBN Subscription Required) |
Bankr.
S.D. |
Debtors'
oral representations that the
sale of their other real
property would allow a quick
payoff of the amount they owed
Plaintiffs and that Debtor
would be receiving a
managerial position were
statements respecting their
financial condition and were
thus not actionable under 11
U.S.C. 523(a)(2)(A). Debtors'
oral representations that the
sale of their other real
property would allow a quick
payoff of the amount they owed
Plaintiffs and that Debtor
would be receiving a
managerial position were not
made in or in connection with
Debtors' case and were thus
not actionable under 11 U.S.C.
727(a)(4)(C). |
In
re Sierra
(DBN Subscription Required) |
Bankr.
N.D. Tex. |
Under
Texas law, the only proper way
to perfecta security interest
in vehicles held in inventory
by a dealer is by a filing
with the Secretary of State,
not by a notation on the
vehicles' certificates if
title. |
In
re Fischer
(DBN Subscription Required) |
Bankr.
C.D. Ill. |
Disclosure
of Compensation filed by
Debtor's attorney must
distinguish between payments
received prepetition versus
postpetition. |
In
re Medex Regional Laboratories
LLC
(DBN Subscription Required) |
Bankr.
E.D. Tenn. |
A
debtor which hired a CEO
through a recruiting agency
stated a cognizable cause of
action against the recruiting
agency for recovery of
consequential damages equal to
the unauthorized loans which
the CEO caused the debtor to
incur. |
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