|
New Cases For the Week of September 14, 2009 - September 18, 2009
Brought to you by BKINFORMATION.COM - The Source for Business Bankruptcy Information on the Internet
Click here to search prior New Opinion summaries.
| September 17, 2009 |
Case |
Court |
Holding |
Knudsen v. IRS
(DBN) |
8th Cir. |
In the IRS's appeal from a bankruptcy court's order confirming debtors' Chapter 12 reorganization plan, the order is affirmed where: 1) a Chapter 12 debtor may treat postpetition income taxes imposed on the debtor's income earned during the pendency of the case as administrative expenses under 11 U.S.C. section 503; 2) debtors' sale of their slaughter hogs in 2004 constituted the sale of a "farm asset used in the debtor's farming operation" under section 1222(a)(2)(A); and 3) the "marginal method" was the correct method to determine the allocation of taxes between priority and non-priority claims under section 1222(a)(2)(A). |
| |
|
|
| September 16, 2009 |
Case |
Court |
Holding |
In re Dumont
(DBN) |
9th Cir. |
Where an individual debtor fails to timely reaffirm a secured automobile debt, but remains current on payments, the secured creditor may repossess the automobile if there is an ipso facto clause in the contract. |
| |
|
|
| September 15, 2009 |
Case |
Court |
Holding |
In re Hoopai
(DBN) |
9th Cir. |
§ 506(b) governs an oversecured creditor's entitlement to attorneys' fees incurred prior to confirmation and preempts state law. |
| |
|
|
|