, AUDRE, INC.; In addition, if, in order to resolve the claim, the district court would have to go beyond mere review of the state rule as promulgated to an examination of the rule as applied by the state court to the particular factual circumstances of the case then the court lacks jurisdiction.
, B. Whether the bankruptcy court erred in finding attorney James H. Coffer a bankruptcy petition preparer within the meaning of § 110(a), imposing sanctions against him for violations of §§ 110(b)(1) and (c)(1), and ordering disgorgement of fees for a violation of Rule 2016(b).
, [4] At the initial chapter 13 plan confirmation hearing in the Bashams' case, the bankruptcy court had to remind Hale to file a compensation disclosure statement., [11] The purpose of § 329 and Rule 2016 is to prevent the overreaching of the debtor's attorney in the bankruptcy process.
Courts have expressly declined to apply state law definitions of embezzlement. Misappropriation of the property, According to the testimony of Gottshall, the Appellant advanced funds to the Debtor in order for the Debtor to arrange the Appellant's travel, lodging, and dining accommodations.
This is because the court not only treated Rothery's motion as one for summary judgment, but it also entered summary adjudication against her sua sponte. Cunningham does not maintain that Rothery failed to comply with a court order in this bankruptcy case regarding discovery. Lumber Co..
The bankruptcy court's order entered December 26, 1995, gave the trustee until January 17, 1996, to file his motion objecting to the Debtor's Two Individual Retirement Accounts Claimed as Exempt, in conformity with applicable rules and supported by admissible evidence. The debtor appealed.
The State brought an action to recover the monies from the debtor's estate, claiming that the collected sales taxes were trust fund taxes and therefore not property of the estate.V. CONCLUSION, The bankruptcy court properly found that a statutory trust was created in favor of the State of Texas.
v., James H. HATTON, Appellee., In Carapella, the bankruptcy court held that where the debtor had signed an 870 form, the debtor had effectively filed a return under IRC § 6020(a)., Appellant argues that Appellee's failure to file a tax return precludes a discharge of his 1983 tax liabilities.
v., John Henry EDWARDS, Appellee., In other words, Barnett recorded the lis pendens in order to protect her additional claims after the bankruptcy case closed, because she was concerned that Edwards would sell the home before she could obtain the deed of trust securing the additional debt.
The Sanctions Request put Plaintiffs on adequate notice that Trustee would be seeking sanctions under FRBP 9011(b) for the filing of an improper complaint., [6] Just prior to filing the Conversion Motion, Debtors filed a motion to disqualify Judge Steiner and transfer the case to another judge.
[5] Plaintiff appeals that decision. In other words, courts in the Ninth Circuit can infer the existence of a debtor's intent not to pay her credit card charges as they were incurred if the facts and circumstances of a particular case present a picture of deceptive conduct by a debtor.
Lobel appeals.[5] Lobel claims that at the time it rendered services after the decision to sell was made, it believed that a sale of the debtor's assets would produce proceeds between $8-9 million based on the Buccino report of July 31, 1995, which valued an orderly liquidation at $10-12 million.
, B. Whether the bankruptcy court erred in not closing the chapter 11 case under § 350(a)., When the property was foreclosed upon by the first trust deed holder, HomeFed Bank, the operation of GDSP's storage facility business and its ability to generate revenue to fund the plan terminated.
Younie stated:, 9. 2965, 119 L. Ed. 2d 586 (1992); The factual issues necessary to establish fraud and misrepresentation under § 523(a)(2)(A) were adjudicated in state court, and Debtors did not raise a genuine issue of material fact which would prevent summary judgment in Gonya's favor.
In holding the state tax claim nondischargeable, the court held that the failure by the debtor to comply with the reporting requirement was the *187 equivalent of failing to file a required return under § 523(a)(1)(B)(i). Certainly, taxpayers know what it means to have to file a tax return;
Jordan Day Lewis, IRA;, The appellants filed a timely motion to remand alleging that the state causes of action did not arise in or arise under Title 11 and were not sufficiently related to Amtel's bankruptcy proceeding to confer jurisdiction upon the bankruptcy court., Pacor, 743 F.2d at 995.
Hence, Pioneer holds the beneficial interests in the three promissory notes and trust deeds encumbering the property in Julian., Read charitably, appellant's complaint asks the bankruptcy court to act as an appellate court and review the state court order approving the parties' settlement.
The balance on this property would also be due in the year 2005. Calving at the later time is expected to reduce the need for certain preventive medications, reduce the amount of supplemental cattle feed required to be purchased during the winter months, and increase the survival rate in the herd.
, The filing of a bankruptcy case creates an estate. Compensation pursuant to attorneys lien under Oregon law.CONCLUSION, While section 330 prevents payment to a chapter 7 debtor's attorney for post-petition work from the estate, Garvey had a valid state lien on the retainer.
INTRODUCTION, Joseph G. Trujillo and Toni Trujillo (hereinafter Debtors), Gilbert Trujillo (Gilbert) and Valerie Aquino (Aquino) appeal an amended judgment avoiding fraudulent transfers of the Debtors' home and two automobiles to Gilbert and Aquino.
