927, 74 L. Ed. 2d 765 (1983). The court found that the issues raised by the defendant's proof of claim and the objections thereto were within the scope of the agreement to arbitrate, wherein any disputes arising out of the sale of certain pieces of equipment were to be submitted to arbitration.
, The Landmark appeals from the order of interim relief, arguing that the bankruptcy court exceeded its jurisdiction under 11 U.S.C. § 1113 by imposing conditions on the Landmark's rejection of the collective bargaining agreements. These unions subsequently rejected the proposals. See Wheeling
, United States Bankruptcy Appellate Panels of the Ninth Circuit. Code § 55635., Similarly, in some situations, simple possession by a third party puts a purchaser on inquiry notice that there may be a competing lien against the property. See In re Gulino, 779 F.2d 546, 551 (9th Cir.1985).
, for appellant. asserted that its interest was impaired, within the meaning of Bankruptcy Code section 1124, unless the debtor paid all overdue installments, as well as the 9 percent per annum penalty rate on the entire principal balance for the period of time between default and cure. the plan
The Debtor then moved to avoid the $8, 000 judgment pursuant to Section 522(f)(1) of the Code claiming that the state court's decree created a judicial lien which impaired his homestead exemption. The lien gave Stedman a secured interest in the real property and was obtained by a court decree.
The District Court affirmed, holding that, The appellant has not cited case authority, nor is this Court aware of any, which supports the proposition that § 523(a)(9) is only available to claimants who reduce their claims to judgment or consent decree before the debtor files in bankruptcy.
216 (1987), In re OLYMPIC FOUNDRY CO., a Washington corporation, Debtor., BAP No. WW 86-1669 EAsMe Adv., United States Bankruptcy Appellate Panels of the Ninth Circuit. Olympia, Wash., for appellant., David A. Webber, Beresford, Booth, Baronsky Trompeter, Seattle, Wash., for appellee.
, United States Bankruptcy Appellate Panels of the Ninth Circuit. Moreover, the community property of Wiley and Elna Brooks became property of the estate in the Wiley Brooks bankruptcy. Wiley Brooks' trustee allowed the case to close without attacking the re-recording of the bank's lien.
Rose admitted having received the two postpetition payments of $8, 267.89 and $3, 200.40, but asserted that the bankruptcy court lacked jurisdiction over the case as the petition had been filed without the consent of all general partners, as required by Bankruptcy Rule 1004(a)., Pinellas, 5 B.R.
These factors strongly suggest that a California court would conclude that the camera equipment, golf clubs and exercise bike are indeed household property. This conclusion is further supported by the principal that exemptions are to be liberally construed in favor of debtors.
FACTS, Both parties agree that the facts in this case are not in dispute. Thus, a prudent man would not be placed on inquiry notice that, in addition to the extension agreement, six grant deeds conveying a one-half interest in the properties had been executed and transferred to the Mahrdts.
, Sanyo Electric, Inc. appeals from an order of the bankruptcy court granting summary judgment for recovery of a preference.), Sanyo produces as evidence of its secured status a security agreement and financing statement, both naming Margaret Howe dba Bargain Furn/World Finance as the debtor.
, ASHLAND, Bankruptcy Judge:, The Superior Court of the State of California appeals from an order of the bankruptcy court enjoining the State's enforcement of a criminal restitution order against Chapter 13 debtor Charles C. Heincy. 353, 93 L. Ed. 2d 216 (1986), on a Chapter 13 bankruptcy case.
, MOOREMAN, Bankruptcy Judge:, Appellant, Vanderpark Properties, Inc., lessor of non-residential real estate to the debtor, appeals from an order of the bankruptcy court allowing the debtor to assume a lease with appellant upon the cure of all defaults. Swanson v. Levy, 509 F.2d 859 (9th Cir.1975).
On January 21, 1986, the bankruptcy judge in Oregon dismissed Urbatek's complaint for nondischargeability because it was untimely filed. The bankruptcy court correctly held that a court has no discretion to grant untimely extensions to file nondischargeability complaints.
The court concluded that the antialienation provision in section 11(a) of the Plan qualified it as a valid spendthrift trust under state law and that therefore West's interest in the Plan was not an asset of the estate pursuant to Bankruptcy Code section 541(a)(2)., 813 F.2d at 1001.
OPINION, ASHLAND, Bankruptcy Judge., Industrial Indemnity Company appeals from an order determining that its lien for unpaid workers compensation insurance premiums asserted against property of the debtor North Side Lumber Company is invalid. North Side filed a Chapter 11 petition on the same day.
, The trial court stated that Credit Alliance had failed to show that Boies was not qualified for employment and that, accordingly, Boies was qualified for employment under the Bankruptcy Code and Rules. Twinton Properties, 27 B.R. Both the Bankruptcy Appellate Panel, Kroeger Properties, 57 B.R.
(Chase) appeals from an order denying its motion to amend the order that awarded fees and expenses to Sultan Corporation's (debtor) counsel as administrative costs., The bankruptcy court properly retained jurisdiction under the plan to determine administrative expenses postconfirmation.
*256 ISSUE, Whether the debtor's interest in the profit and pension plans is property of the estate and whether a prior state court determination binds the debtor's trustee in bankruptcy. If the plans satisfy the spendthrift trust requirements of Nevada law, they are not property of the estate.
