, In denying the greater part of the appellants' second motion, the trial court ruled that the state securities laws were not meant to include trust agreements and certificates of deposit, as were used by the CLC trust fund. The Trust Fund rather should be considered as part of the Church.
, Applicability of Bankruptcy Code § 329, Section 329(a) requires any attorney representing a debtor to file with the court a statement of compensation paid or agreed to be paid for services rendered or to be rendered in connection with the case. 2 Collier on Bankruptcy
II, Section 523(a)(4) prevents discharge of a debt for fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny. Appellants contend that the testimony of the investors showed an agreement that appellee would be a trustee and would place the money in a trust account.
, Although the statute says after one year before the date of the filing, a review of the legislative history shows that the subsection was meant to cover those property taxes originating within one year of the filing, thus excluding the 1978-1979 taxes at issue here.
, No appearance for plaintiff-appellant., On July 27, 1982, Tucker filed a complaint in bankruptcy court seeking relief from the § 362 automatic stay to pursue his appeal., The only issue on appeal is whether the decision denying relief from stay was an abuse of discretion.
That case dealt with physical abandonment of the homestead as a residence. Often it is the post-petition indebtedness which was used to acquire the after-acquired property., Additionally, it is the date of conversion on which the debtor must turnover property of the estate.
The property was purchased by the Bergendahl family. MOOTNESS, The appellee debtors and Sherwood Roberts, inter alia, contend that this appeal is moot under former Bankruptcy Rule 805, applicable at the time in question, because appellant did not request a stay of the sale pending appeal.
, In separate adversary proceedings in which Irwin Soper, but not Nettie Soper, was a party, the bankruptcy court found that any purported security interest was defeated by the avoiding powers conferred in Bankruptcy Code § 544(b). This is the position in which Hall and the debtor stand.
, Ms. Zeller took possession of the business in January 1981.CONCLUSION, Because the notice of appeal was filed late without a showing of excusable negligence, the bankruptcy court abused its discretion by granting an extension of time for filing the notice of appeal, and by hearing the appeal.
KRISTAL, et al. Cases where the creditor omitted some of his security from his one action: Walker v. Community Bank, 10 Cal., The bankruptcy court stated in its judgment that it was not determining whether Carnation obtained valid judgment liens through its efforts to pursue a money judgment.
C. The Order on Appeal, The court below concluded that by freezing the subject bank account, the bank has violated 11 U.S.C. Sections 362(a)(7) and (a)(4). During the hearing on contempt, counsel for the debtor stated that it was his understanding that the subject funds had not been setoff.
, The bankruptcy court made much of the fact that a state court had given a dollar value to debtor's accountancy practice during dissolution proceedings. Since the earnings from an accountancy practice are derived from future earnings, that practice would not be property of the estate.
, Raymond Berg's interest in this property remained with the trustee of his Act bankruptcy case even though the trustee was unaware of its existence:, By operation of law, the trustee is vested with title to all of the bankrupt's property at the time the bankruptcy petition is filed.
v., Sigmund ROSS and Charlotte Ross, Defendants-Appellees. In response, the appellees moved for a judgment on the pleadings, alleging that the appellants lacked the capacity to bring the bankruptcy dischargeability complaint, on behalf of the class they had represented in the state court action.
B, California Code of Civil Procedure, section 690.52, at the time this case was filed, [1] provided that property is not exempt from execution on a judgment for its purchase price., Breuners also argues that this purported security interest means the entire value of the carpeting is secured.
, United States Bankruptcy Appellate Panels of the Ninth Circuit., The debtor appeals from a summary judgment excepting from discharge his liability to a court appointed attorney and psychiatrist for his minor child. The case turns on whether it was a debt to the child or former spouse.
, United States Bankruptcy Appellate Panels for the Ninth Circuit. In its brief, the plaintiff contended that the testimony was not hearsay and directed the court's attention to Rule 801(d) of the Federal Rules of Evidence which states, in pertinent part:, A statement is not hearsay if
At no time prior to the filing of the trial court's May 20, 1981 judgment did Cal Thrift attempt to reinstate the debtor's obligation to Downey Savings., In its memorandum of decision, the trial court in the present matter rejected the reasoning of the latter case.
No. LA-82-2033-JB. Time for appeal runs from the date of the dispositive order or judgment.B. Cause/Bad Faith Filing, Appellant also contends that the bankruptcy court erred in not terminating the automatic stay for cause because of the alleged bad faith filing of appellee's Chapter 11 case.
, Craig M. Lytle, P.C., Following a hearing on this motion, at which the trustee's counsel was also in attendance, the bankruptcy court granted a thirty-day extension to those creditors listed by Mr. Lytle as having been Sun Satellite partners or Sun Financial investors with settled claims.
