New Cases For the Week of December 18, 2000 - December 22, 2000

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December 21, 2000

Case

Court

Holding

In re Kujawa
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8th Cir. BAP Bankruptcy court did not err in imposing $100,000 punitive sanction against prepetition attorney for debtor who engineered an involuntary bankruptcy petition against debtor.

December 20, 2000

Case

Court

Holding

In re Smith 9th Cir. When a creditors meeting is adjourned until further notice, with no date certain promptly set for the conclusion of the meeting, the meeting has been "concluded" for purposes of the 30-day exemption objection period.  Under these circumstances, an exemption objection filed 8 months after the first date set for the meeting of creditors was untimely.

Although conversion of a Chapter 11 case to Chapter 7 requires a new creditors' meeting, the conversion does not create a new period for objecting to exemptions, and exemptions.

 
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