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New Cases For the Week of August 9, 2004 -
August 13, 2004
Brought to you by BKINFORMATION.COM - The Source for Business Bankruptcy Information on the Internet
August 13, 2004 |
Case |
Court |
Holding |
In re Woodman
(DBN Subscription Required) |
1st Cir. |
The bankruptcy court did not err in finding that $130/month for cigarettes was a reasonable expenditure for a Chapter 13 debtor. |
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August 12, 2004 |
Case |
Court |
Holding |
Higgins v. Vortex Fishing Systems, Inc.
(DBN Subscription Required) |
9th Cir. |
Totality of circumstances test must be applied in weighing bankruptcy attorney's fee award claim. |
In re TWA, Inc. Post-Confirmation Estate
(DBN Subscription Required) |
Bankr. DE |
The USDA's secured claim arising from agricultural and animal inspections and violations was reclassified as unsecured on account of the USDA's failure to record its statutory lien. |
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August 11 , 2004 |
Case |
Court |
Holding |
In re Schifano
(DBN Subscription Required) |
1st Cir. |
Because the debtor is often the gatekeeper to any incriminating evidence, the Bankruptcy Code will avoid a discharge if a debtor fails to maintain adequate records to reasonably ascertain his financial condition. 11 U.S.C. § 727(a)(3). Complete disclosure is in every case a condition precedent to the granting of discharge, and if such a disclosure is not possible without the keeping of books or records, then the absence of such amounts to grounds for denial of discharge. A debtor's decision to not maintain a bank acocunt to avoid creditor action, can constitute grounds for denial of discharge for failure to maintian records. |
In re Moschella
(DBN Subscription Required) |
Bankr. N.D. Tex. |
Six or more careless mistakes in a consumer debtor's schedules will generally warrant denial of discharge under section 727. Since the court believes that many schedules contain such errors, the court expects trustees and the UST hereafter to be much more active in policing the
issuance of discharges. |
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August 10 , 2004 |
Case |
Court |
Holding |
In re Meza
(DBN Subscription Required) |
Bankr. N.D. Tex. |
A debtor may
deprive the Court of the power to approve a proposed modification to a confirmed Chapter 13 plan
by paying off the plan before the request to modify is heard. |
In re Mirant Corp.
(DBN Subscription Required) |
Bankr. N.D. Tex. |
The bankruptcy court expands the role of a previosuly appointed examiner to craft a new means of oversight to ensure that parties and professionals do not abuse the freedom they have been granted in prior protective and compensation orders. |
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