, I. The Appeal of the Trustee, The trustee of Fitzsimmons' bankruptcy estate appeals the award of attorneys' fees to Jackson as between Jackson and Fitzsimmons. Thus, his performance of services prior to actual execution of the contracts by the clients was in their best interest.
The claim against Margaret Kaveney rested on the additional argument that Gary Kaveney's partnership interest in Sunset Whitney was community property., The bankruptcy court denied the applications in the Kaveney cases. Section 723 is part of Subchapter II. 356, 66 L. Ed. 2d 216 (1980).
Ray Harlow signed the plan in his capacity as president of the debtor. Consequently, the bankruptcy court, by virtue of the reference from the district court, had jurisdiction to hear Palouse's motion under 28 U.S.C. § 1334(b). Bankruptcy Rule 7012(b).
, On appeal, the Credit Union argues that the debtor has no right to cure the default and reinstate the loan since state law, which would not permit the debtor to deaccelerate the loan, is applicable here. Several bankruptcy courts in the Ninth Circuit have followed this reasoning as well.
On the order form submitted by the United States Trustee, the judge wrote: Denied , The bankruptcy judge stated in part:, The Court believes that the U.S. Trustee's Office has set up a panel of trustees to serve the cases in Orange County.) Accordingly, we must reverse.
The bankruptcy judge granted partial relief from the automatic stay, ruling that appellees could proceed with foreclosure but could not hold a foreclosure sale if Ellis (a) paid the two outstanding maintenance payments within two weeks and (b) promptly made all future payments.
Stephens' answer denied these claims. Stephens' justification, if any, for retaining money paid over by the Union as premiums, At the outset it should be noted that Stephens parted with a portion of the premiums to buy specific stop-loss insurance with an insurer other than Carlisle. not Delany
, In any event, the real argument of the appellant does not appear to focus on the actual entry of findings or conclusions, but upon CDHS's claim that the trial court improperly failed to hear evidence sufficient to form a basis for adequate findings of fact. See also Bankruptcy Rule 9019(a b).
Although Kasler and Cecchini require an intent to injure the plaintiff, this rule must be modified in drunk driving cases for two reasons: first, a specific intent is difficult This legislation does not affect whether conduct also falls under the willful and malicious injury standard.
While the management agreement, approved by the trial court on November 5, 1981, and the assignment, sanctioned by that court in the order now under appeal, did effectively remove Peaches from the leased premises and replace it with Bromo, neither led to a cessation of business on those premises.
ISSUE, Assuming that appellant's claim would not be dischargeable in a Chapter 7 case and that the debtor's plan will pay less than 100% of the creditor's claim, does the plan meet the requirement of § 1325(a)(4)[1] that creditors receive at least as much as they would receive in a liquidation
, The issue here is whether section 365(h)(2) allows the bankruptcy court to change the rent set by the rejected lease if the debtor/lessor rejects an unexpired lease of real property and the lessee elects to remain in possession., [2] Upland filed this case under chapter 11 on June 28, 1984.
, Street originally commenced this case under Chapter 7 of the Bankruptcy Code (Title 11 U.S.C.)., Street's first plan proposed a classification among unsecured creditors whereby Dora Lawson would receive all payments to be made under the plan other than those required to pay priority claims.
