, United States Bankruptcy Appellate Panel of the Ninth Circuit. First, the principal case relied upon by the Trustee where a court looked behind the title of a retirement plan and rejected a debtor's exemption in that plan because of debtor's use of the plan's funds is distinguishable.
His failure to request such information, and his decision to abandon, which decision he now regrets, do not mean that the bankruptcy court abused its discretion in refusing to reopen Debtor's case and revoke the Trustee's abandonment of the Lawsuit. See 4 Lawrence P. King, COLLIER ON BANKRUPTCY
, Specifically, the Central District of California has prescribed by Local Bankruptcy Rule 3007-1(1) that objections to claims be supported by admissible evidence that is filed with the objection.
Likewise, in Wagshal v. Foster, 28 F.3d 1249, 1252 (D.C.Cir.1994), the court held that a case evaluator in the Superior Court system performs judicial functions, including scheduling motions, and that those functions involve substantial discretion resulting in absolute immunity.
The question of whether restaurants are dealers was not at issue. The court in Italian Oven appeared to recognize that if the Debtor had spun off its purchasing arm into a wholly-owned subsidiary that bought the commodities, the commodities and their proceeds would be impressed with a PACA trust
, A minority of decisions recognize an implied private right of action under § 524., AGF contends that Debtor does not state a claim for civil contempt, even if the reaffirmation agreement is not enforceable, because its good faith compliance with the law is a defense to *758 a contempt motion.
, Following the entry of the order in this appeal, we issued an opinion which held that a debtor lacks standing to appeal an order reopening a bankruptcy case for the purpose of entertaining a creditor's nondischargeability action. Beezley's, however, was a no asset, no bar date Chapter 7 case.
to operate the property;B. Conversion Was in the Best Interests of the Estate and Creditors, i. Post-confirmation Estate Existed, The Joint Plan provided that title to the investor interests and all of the estate assets would vest in PLC automatically upon the effective date of the confirmed plan.
, As to the latter services, our examination of the record reveals that in its interim fee application, RSK sought compensation for reviewing the Debtors' files and working with the Debtors' staff in order to collect the remaining receivable from Managing Underwriters in the amount of $95, 589.40.
AMENDED OPINION, RUSSELL, Bankruptcy Judge. Ferm contends that he was not a bankruptcy petition preparer within the meaning of § 110 because he stopped preparing bankruptcy petitions for a fee after the Crowe order was issued, and thereafter began selling only an instructional book.
of this title does not discharge an individual debtor from any debt However, at the time Debtor's bankruptcy case was filed, there was no controlling Ninth Circuit authority regarding the relevant dates for determining dischargeability of a consolidation loan under § 523(a)(8).
, In short, if we were to conclude that Polo's motion to compel was a contested matter under Bankruptcy Rule 9014, then I believe that Civil Rule 26(g) would apply and that the court did not abuse its discretion in finding a violation of the rule and in making the award to Rakita.(c) Sanctions.
, On July 1, 1999, Trustee filed the Sale Motion, seeking a court order approving the sale of the Property free and clear of liens for $1.9 million and compelling Debtors to turnover the Property. At the hearing on August 10, 1999, the court denied the Motion and granted the Sale Motion.
, United States Bankruptcy Appellate Panel of the Ninth Circuit. Filed on October 30, 1998, the complaint listed the plaintiff as Trew Audio Nashville, Inc. Capobianco moved to dismiss under Rule 7012(b), alleging failure to state a claim upon which relief could be granted.
, United States Bankruptcy Appellate Panel of the Ninth Circuit., Debtor argues that the first prong, which requires an identity of issues, is not satisfied because neither the state court complaint nor the Judgment supported a finding that Debtor intended to injure Kilpatrick or acted with malice.
, Collier on Bankruptcy Because the implied contractual covenant of good faith and fair dealing, which is the basis of the state law tort, could not exist absent the parties' employment contract, Creditor's claim could not exist independent of Debtor's breach of his contractual obligation.
FACTS, Shelly Olson, aka Shelly Ioane, aka Shelly Olson-Ioane (Olson) filed a chapter 13 bankruptcy case in March 1999., There is, by rule of procedure, a general right to amend a voluntary petition as a *75 matter of course at any time before the case is closed. L. NORTON, JR., NORTON BANKR.
Bankruptcy No. 99-42161-13., After Kevin Cavanagh and Tina Evje-Cavanagh (Debtors) amended their first chapter 13[1] plan (the Plan) and schedules I and J, chapter 13 trustee Robert Drummond (Trustee) filed an objection (the Objection) to Debtors' amended chapter 13 plan (the Amended Plan).
On August 17, 1999, Debtor obtained a preliminary injunction ordering Hoff to return the vehicle to Debtor, but allowing Hoff to assert its lien rights in Debtor's bankruptcy case and adversary proceeding as if it had not relinquished possession of the car., Colortran, 210 B.R.
Trustee filed this action to avoid the lien., *832 The issue on which I differ from the majority is whether the additional encumbrance on Debtors' Property that resulted from postpetition advances by IFI to Fleet constituted the incurring of secured debt by Debtors postpetition.
