1710, 134 L. Ed. 2d 772 (1996)., *761 The record reflects that the debtors may have a colorable claim to relief from the default judgment based upon extrinsic fraud and, therefore, are entitled to further proceedings to determine the validity of the plaintiffs' state court judgment for fraud.
The trustee appeals. The bankruptcy court concluded, however, that based upon the time remaining for the trustee to file the complaint after learning about the fraud, and KB M's professed familiarity with the case, the equities did not favor relief from the order dismissing the complaint.
The court later closed the case, but retained jurisdiction over certain probate matters. Comity requires a bankruptcy court to consider whether the state laws involved are complex such that they ought to be construed and applied by state trial courts and reviewed by state appellate courts.
The transferees appeal. Following entry of summary judgment in that action, Ms. Rothery was ordered to move out of the Rothery home, issue a grant deed on the home to the trustee and, as discussed above, pay the trustee's attorney's fees., Award of attorney's fees on fraudulent transfer action.
The court's subsequent order indicated that (1) there was no ex parte communication with Mosier regarding the criminal referral;, The Appellants contend the judge was prejudiced or biased because over 600 pleadings were allegedly filed in the bankruptcy without proper notice to Goodwin or Seidel.
After the Ponzi scheme collapsed, the bankruptcy trustee brought fraudulent transfer actions against the merchants, attacking some purchases under Bankruptcy Code § 548 and others under California's version of the Uniform Fraudulent Transfer Act (UFTA). Is the transfer fraudulent Bonded Fin.
Mr. Foss contends his interest in the residence derives from the divorce court's recognition of a community interest in the Debtor's separate property, and that the lien does not attach to the Debtor's pre-existing separate property interest, but rather to the newly recognized community interest.
In its order entered December 4, 1995, the bankruptcy court found that Tully's right to the commission arose at the time of the execution of the original sales contract and the 1987 commission authorization agreement, and that the commission was based upon services performed pre-petition.
Whether the bankruptcy court erred in determining that attorney fees from the underlying state court action are nondischargeable. Attorney Fees, Debtors allege that the court erred in determining that the attorney fees which Law incurred in the state court litigation are nondischargeable.
, B. Time Limits For § 523(a)(3)(B) Debts, In this case, there is no dispute that the Appellees received notice of Debtors' bankruptcy after the bar date for filing nondischargeability complaints., Debtors contend that the court had no authority to extend the bar date beyond 30 days.
Nunn filed for bankruptcy in December of 1983 seeking discharge of the student loan. If those periods were not deducted, Thorson would be extending the repayment period beyond the time limitation purposefully put into § 523(a)(8)(A) to prevent such an easy discharge of the student loan debt.
Dr. Wolfe claimed that this financing statement was filed to perfect his security interest in the Valley Bowl collateral in connection with the loan he had made to Leisure Time. The hearings resulted in a report recommending the mediator's findings to the bankruptcy court. Belize, 7 B.R.
Stevenson's declaration in support of the application pled excusable neglect for not filing the Notice of Hearing pursuant to the instructions in Debtor's Notice of Motion, and further denied that the local rules required Appellant to obtain and notice a hearing date. Local Rule 9014-3(a) and (c).
Neither party disputes the fact that Wiget's lien attached to Nielsen's property in the amount of any surplus equity after deducting all prior liens and the homestead exemption. Under California partition law, encumbrances would be paid from sale proceeds, rather than from one party's share.
, The superior court ruled on Shandell's summary judgment motion and pretrial motion in limine and concluded that the agreement was a postpetition agreement not subject to Watson's defense of discharge in bankruptcy, and allowed the trial to proceed. the accounts 330, 83 L. Ed. 2d 266 (1984).
ISSUE ON APPEAL, Whether the bankruptcy court erred in failing to find that Gordon violated the automatic stay by attempting to cash the postdated checks, sending a past due notice, and contacting Hines by telephone concerning the attorney fees owed to him.
In addition, for purposes of Oregon tax court jurisdiction, the section of the ORS which provides for creation of commodity commissions at the request of the producers of that commodity is not considered a tax law of the State of Oregon. The Commission does not appeal this ruling.
Medina, 177 B.R., However, the bankruptcy court found that the IRS's claims were not liquidated because the IRS did not provide evidence showing a reasonable basis for the assessment, either in the form of a filed tax return or other evidence of the basis upon which the assessment rests.
, United States Bankruptcy Appellate Panel of the Ninth Circuit. Witkowski rejects In re Arnold, which it cites as a leading case among a number of bankruptcy court opinions which have required an unanticipated substantial change in financial circumstance to support a motion for modification.
ASHLAND, Bankruptcy Judge:, The debtor Larry L. Greatwood appeals an order of the bankruptcy court granting a motion of the United States to dismiss the debtor's Chapter 13 case for bad faith due to the debtor's failure to file federal income tax returns and failure to confirm his Chapter 13 plan.
