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New Cases For the Week of June 1, 2004 -
June 4, 2004
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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June
4, 2004
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Case
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Court
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Holding
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In
re Price
(DBN Subscription Required) |
3rd
Cir. |
Where
a debtor is current on vehicle
loan payments, he has the
option, under 11 USC 521(2),
of keeping the vehicle without
reaffirming the debt, so long
as he remains current on the
payments. |
In
re Griffin
(DBN Subscription Required) |
8th
Cir. BAP |
An
order disqualifying an
attorney is not a final
appealable order. |
In
re Griffin
(DBN Subscription Required) |
8th
Cir. BAP |
The
bankruptcy court did not abuse
its discretion in imposing
monetary sanctions payable to
the court when an attorney
continued to represent a party
in interest after being
ordered to discontinue such
representation. |
In
re Gregorchik
(DBN Subscription Required) |
Bankr.
W.D. Pa. |
Debtor
is not entitled to exemption
for engagement ring and
wedding band given to her by
her husband. |
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June
3, 2004
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Case
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Court
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Holding
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In
re Arney
(DBN Subscription Required) |
Bankr.
C.D. Ill. |
A
vehicle lease was a true lease
rather than a security
transaction. |
In
re HQ Global Holdings, Inc.
(DBN Subscription Required) |
Bankr.
De. |
Where
a postpetition amendment to an
unexpired lease entitled the
debtor to only 1/3 credit
against cure costs, the debtor
was liable for remaining cure
costs. The amendments
were not ambiguous. |
In
re Barnes
(DBN Subscription Required) |
Bankr.
Colo. |
Applying
a balancing test, the court
determined that a debtor was
entitled to withdraw its
election to be treated as a
"small business"
after missing the 160-day
deadline for filing a plan of
reorganization as mandated by
11 U.S.C. § 1121(e)(2). |
In
re UAL Corporation
(DBN Subscription Required) |
Bankr.
N.D. Ill. |
Although
28 USC 157(b)(2)(B) deprives a
bankruptcy court of the power
to liquidate or estimate
personal injury claims, a
bankruptcy court has the power
to totally disallow a personal
injury claim. |
In
re Cloverleaf Farmers'
Cooperative, Inc.
(DBN Subscription Required) |
Bankr.
S.D. |
The
confirmation process alone
cannot overcome the presumed
validity of the proof of claim
as filed. |
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June
1, 2004
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Case
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Court
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Holding
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In
re Enewally
(DBN Subscription Required) |
9th
Cir. |
Bankruptcy
plan providing for division of
loan into secured and
unsecured claims ("lien
stripping"), allowing
debtor to satisfy secured
claim beyond life of plan, is
not permissible under Chapter
13. |
In
re US Airways Group, Inc.
(DBN Subscription Required) |
4th
Cir. |
Where
retired pilots organization
failed to appeal from order
permitting termination of
pension benefit rights and
failed to appeal from order
confirming plan, appeal was
equitably moot once plan was
implemented. |
Hechinger
Liquidation Trust, et al. v.
Spectrum Group, Inc.
(DBN Subscription Required) |
Bankr.
De. |
The
debtor was not entitled to
reopen and prosecute a
dismissed adversary
proceeding. The debtor had
dismissed the avoidance action
on the grounds that the debtor
could not locate an address
for service of process on the
defendant. However, the
defendant had filed a proof of
claim and it was the debtor's
failure to review such records
that led to the dismissal. |
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