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New Cases For the Week of May 14, 2007 - May 18, 2007
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Click here to search prior New Opinion summaries.
May 17, 2007 |
Case |
Court |
Holding |
In re Hansen
(DBN Subscription Required) |
9th Cir. BAP |
The sheer number of inaccuracies in an attorney/debtor's schedules were sufficient to establish the debtor's intent to make a false oath. |
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May 15, 2007 |
Case |
Court |
Holding |
Florida Dep't of Revenue v. Omine
(DBN Subscription Required) |
11th Cir. |
Affirmance of bankruptcy court order awarding damages after a determination that plaintiff violated the automatic stay is vacated as to the award of attorney fees and costs, as well as sanctions, where based on the plain text of 11 U.S.C. section 106(a)(3), the award limitations found in section 106(a)(3) are applicable. |
In re Sissom (large download)
(DBN Subscription Required) |
Bankr. TX |
BAPCPA (11 USC 522(o)) effected a change in the near-absolute protection of Texas homesteads. Where a debtor used nonexempt property to purchase a Texas homestead pre-petition, and where the Court found he acted with the intent to hinder, delay or defraud creditors, the homestead is not exempt to the extent that non-exempt funds were used for the purchase. The trustee is entitled to an equitable lien to recover the funds, and the debtor has 120 days to pay the lien or face foreclosure of the lien. |
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