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New Cases For the Week of April 26, 2004 -
April 30, 2004
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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April
30, 2004
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Case
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Court
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Holding
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Latman
v. Burdette
(DBN Subscription Required) |
9th
Cir. |
Surcharge
of the debtors' bankruptcy
exemptions by their bankruptcy
trustee to account for funds
not properly disclosed in
their bankruptcy filings was a
permissible equitable remedy
under the Bankruptcy Code, and
was not barred by election of
remedies or res judicata. |
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April
29, 2004
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Case
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Court
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Holding
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In
re Whiting
(DBN Subscription Required) |
Bankr.
Ca. |
Because
exclusive occupancy is
inconsistent with tenancy in
common title, a
prospective hypothetical
purchaser would be placed upon
a duty of inquiry which would
defeat the trustee's bona fide
purchaser status. |
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April
27, 2004
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Case
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Court
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Holding
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In
re APF Co. et. al.
(DBN Subscription Required) |
Bankr.
De. |
Payments
made on a note during the
one-year period preceding a
bankruptcy could not be
avoided as constructively
fraudulent transfers under
section 548 where the note was
executed outside the one-year
period.
Although
fraud must be pleaded with
particularity, in bankruptcy
this rule should be applied
liberally, particularly where
the trustee is the plaintiff. |
In
re Mulder
(DBN Subscription Required) |
Bankr.
N.D. Ill. |
A
dispute between third parties
is related to a bankruptcy
only if the dispute affects
the amount of property for
distribution [i.e., the debtor’s
estate] or the allocation of
property among creditors. Mere
overlap between the dispute
and the debtor’s affairs is
not enough.
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In
re Senior Living Properties
(DBN Subscription Required) |
Bankr.
N.D. Tex. |
Where
an insurance company issued a
surety bond backstopping
payment of a debtor's
mortgage, and where the
contract pertaining to such
bond required payment of trade
expenses prior to the
mortgage, the insurance
company was held to be a de
facto partner with the debtor
(and liable for the claims
against the debtor). |
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