, Moreover, in the cases cited by Appellant, the bankruptcy courts exercised jurisdiction over the determination of whether the proceeds and receivables at issue were PACA proceeds and therefore assets of the estate. 2309, 76 L. Ed. 2d 515 (1983), the Court held that property seized by the I.R.S.
Maready, 108 B.R. In short, nowhere in the rules or the Code is there a requirement to give the innocent spouse notice at this point in the bankruptcy case that a judgment creditor will attempt to satisfy a debt from community property.[4], C. WHEN DOES THE ISSUE OF A COMMUNITY CLAIM ARISE
and, (2) the obligation relates to operations under the lease after the date of the order for relief. SuperX argues that the Under Advisement Rulings that were signed by the court and filed on July 26, 1990 and July 31, 1990 respectively, were not final judgments, orders, or decrees appealed from.
ISSUE, Whether the bankruptcy court erred in granting Port's cross-motion for summary judgment declaring the lease agreement between Waterfront and Port to be terminated by 11 U.S.C. § 365(d)(4). Moreggia, 852 F.2d at 1182. Sea Harvest holds only that surrender equals termination.
, In support of its confirmation order, the bankruptcy court found that debtors' petition was filed during the pendency of their statutory redemption rights, and, relying on In re Ivory, 32 B.R. Since the DVA has no claim, it argues that there can be no default, and that there is nothing to cure.
Harlan's Chapter 13 plan provided for 60 monthly payments of $166, but did not mention the balloon payment on the Pan American note., In Seidel the court held that debtors cannot use Chapter 13 to delay payment of an unaccelerated debt that matures before the filing of the petition.
267 (1991), In re Peter J. LOUQUET and Frances Louquet, Debtors., *268 Rene Feinstein, Las Vegas, Nev., Before OLLASON, ASHLAND and PERRIS, Bankruptcy Judges.OPINION, The Chapter 13 trustee appeals the bankruptcy court's order denying her motion to modify debtors' plan to increase plan payments.
584 (1991), In re John McGregor FULKROD, Debtor., The bankruptcy court appears to have followed Finkbine in the case before us. S.D.Iowa 1988), the Sutton court held that the standing Chapter 12 trustee is entitled to collect a percentage fee on all payments made under the plan on impaired claims.
, Havas opposed the debtors' motion to avoid the lien. The motion notes that at the debtors' § 341 meeting held on September 14, 1989, Breen indicated an intent to avoid Havas' security interest under § 522(f) since Havas' lien impaired an exemption to which the debtors would have been entitled.
4 (1991), In re SUN RUNNER MARINE, INC., Debtor., Jack R. Reeves, Trustee, in pro.CONCLUSION, For the reasons set forth above, we AFFIRM the bankruptcy court's determination that the Chapter 7 expenses of administration have priority under section 726(b) over Citibank's claim under section 507(b).
[4], Default judgments are governed by Fed. Given Valley's decision, coupled with the notice to and opportunity of Valley to present evidence at the default hearing, there is no indication that the trial of this matter would lead to the consideration of additional evidence or to a different result.
After a thorough discussion, the court rejected the Frenville reasoning and held a claim resulting from debtor's prepetition misconduct arises at the earliest point in the relationship between the victim and the wrongdoer, in this case when the dentist performed the negligent *32 act.
, for appellee Standor Jewelers West.OVERVIEW, Appellant South Coast Plaza appeals the bankruptcy court determination that Bankruptcy Code section 365(f), 11 U.S.C. § 365(f), preempts a provision in a retail lease that might otherwise be valid under *201 state law.
The parties also entered a Pledge Agreement under which Teuber pledged all of his stock in Advanced as additional security for its obligations under the asset note, the noncompete note and the non-Competition Agreement. The foreclosure sale was an act to collect a claim against Teuber's property
This section states in part that Calmark assigns and transfers to Greyhound all income, rents, royalties, revenues, issues, profits, fees and other proceeds (including, without limitation, room sales). 1986) (hotel revenues as accounts under California law).
BFP appealed. Pursuant to California law, publication for three consecutive weeks is sufficient notice, even under the facts of this case where the sale was postponed due to bankruptcy, and not renoticed after bankruptcy. In re Madrid, 725 F.2d 1197, 1199 (9th Cir.1984).
OPINION, VOLINN, Bankruptcy Judge:, Appellant Franchise Tax Board of the State of California (Board) appeals the trial court's decision discharging the tax liability of debtors Jack B. King and Paula H. King (debtors) for tax years 1978-1981. [t]o tax. Tax Code § 18881.
, for appellees Southwest Leasing Rental and Desert Recovery., In this case, the court found that Southwest knew of the Abrams' bankruptcy the day Desert repossessed the vehicle, and that appellees had willfully and intentionally failed to return the vehicle after learning of the bankruptcy.
Friedman also had checking accounts with six banks in the Austin area. In June, 1986 Friedman met with appellees in Austin, where he made them aware that his business was near collapse because of the continued slowdown in the local real estate market. These findings are supported by the record.
In the order, the bankruptcy court stated that Home Savings' publication of a foreclosure sale could not commence until Home Savings had provided Luna with a statement as to the funds necessary to both reinstate and pay off [the] loan on [Luna's home].
