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New Cases For the Week of November 19, 2007 - November 23, 2007
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Click here to search prior New Opinion summaries.
November 21, 2007 |
Case |
Court |
Holding |
In re Kimmel
(DBN Subscription Required) |
9th Cir. BAP |
The community property discharge entered in the case
of one spouse forever discharged the entire community from then existing
community claims and that after-acquired community
property could not later be liable for such a claim,
notwithstanding a subsequent judgment against the non-filing
spouse in his separate individual capacity. |
In re Pak
(DBN Subscription Required) |
9th Cir. BAP |
The bankruptcy court did not err in denying confirmation to a Chapter 13 plan that proposed to pay the debtor's "statutory" projected disposable income, rather than the debtor's actual projected disposable income (which was 66% higher than the "statutory income"). |
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November 19, 2007 |
Case |
Court |
Holding |
CIT v. Maxwell
(DBN Subscription Required) |
Bankr. N.D. IL |
Leave of court is required to sue a trustee, even where the suit is filed in the bankruptcy case where the trustee is serving. To obtain leave, the plaintiff must establish a prima facia case.
The plaintiff's claim was dismissed because it was barred by limitations |
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