With respect to an action on a contract, the Baroff court noted that [b]ecause state law necessarily controls an action on a contract, a party to such an action is entitled to an award of fees if the contract provides for an award and state law authorizes fee shifting agreements.
INTRODUCTION, The chapter 7 trustee (Trustee) has appealed the bankruptcy court's summary judgment in favor of a judgment creditor, who served an Order to Appear for Examination (ORAP) on the judgment debtor and thus created a lien on his nonexempt personal property, under California law.
ORDER DENYING MOTION TO DISMISS APPEAL, MONTALI, Bankruptcy Judge., The order at issue (the Sale Order) approves Joseph's sale to Smith and Rock of Debtor's stock in GAMC, or Debtor's right to a payment on account of the purported redemption of that stock, free and clear of the lien of appellants.
, Here, the court denied punitive damages after a balancing of equities:, The Court noted during trial that in balancing the equities between a three-time debtor lacking in credibility and a overly-aggressive collection attorney, an award of punitive damages was unlikely. See McHenry, 179 B.R.
, Ann Miles;, Appellants contend that their complaints, which were filed after the bankruptcy case was dismissed, plead only causes of action under state tort law and that the well-pleaded complaint under state law cannot be re-characterized as a claim that would be in § 1334 jurisdiction.
v., Four Media Company; or, (2) against any petitioner that filed the petition in bad faith, for In each case, the bankruptcy court's order retaining jurisdiction mentions no ground for damages other than Section 303(i), nor does its Damages Order, nor any other order in the excerpts of record.
The Plan and Confirmation Order did not address Huse's liability under Norwegian corporate law, and a court lacks jurisdiction to enforce an order it did not make. 768, 88 L. Ed. 2d 877 (1986)., [13] It is undisputed that state court had subject matter jurisdiction over the domestication action.
, Shortly before creditor Comerica Bank-California (the Bank) filed involuntary *609 chapter 7[2] bankruptcy petitions against Donna and John Tanzi (Debtors), Debtors moved to Florida. See Peacock, 119 B.R., [5] On September 25, 2002, the court consolidated Debtors' cases for joint administration.
At the initial hearing on confirmation of the debtor's chapter 13 plan, the County informed the court that it would not claim that it was entitled to the statutory rate of interest but rather that the County was entitled to an appropriate market rate of interest, which it argued was 10%.
Trustee appeals. Even though the debtor did not hold title to the property as of his petition date, the court concluded that he was entitled to claim a homestead interest in the property, stating:, It is possession, not legal title, which establishes the applicability of the homestead exemption.
FACTS, Appellant Albert Garland (Garland) filed a bankruptcy case on October 18, 2001. No issue relating to the merits of the dismissal is addressed in this appeal., The order resolving a Rule 9014 contested matter is a judgment that must comply with the requirements of Civil Rule 58.
ISSUES, 1., B. Claim and Objection, Having concluded that Chase Manhattan could assert its right to attorney's fees in its proof of claim, we turn to the *233 question whether the bankruptcy court correctly allowed the claim. All Rule references are to the Federal Rules of Bankruptcy Procedure.
, After Donald Kelley (Debtor) amended his Schedule C to claim an exemption in certain real property based on his declaration of homestead, Chapter 7[2] Trustee filed his objection to Debtor's exemption.
To achieve the objective of judicial economy and to follow the application of no-look fees as approved in other cases, attorneys should be required to decide to accept either the fixed fees under the Guidelines or file a fee application *408 subject to a § 330 review. 3 Collier on Bankruptcy
, Since the term damages in § 502(b)(7)(A) spans the full range of damages known to nonbankruptcy law that result from termination of an employment contract, determination of the total amounts of the respective Young and Taft damage claims is fact-intensive. Since prepetition payments to Young
Specifically, when Associated Credit received the notice of the filing of the Michael P. Campion bankruptcy case, it placed the notice in the file of its Mike P. Campion account and filed a proof of claim based on the debt owed by Mike P. Campion in the Michael P. Campion case. 12 Charles.
, United States Bankruptcy Appellate Panel of the Ninth Circuit. Property Claimed as Exempt, asserting an exemption in the property. Debtors also filed a motion to avoid MTC's judicial lien under § 522(f)(1)(A). 434, 438 (Bankr.N.D.Miss.2000) (Rule 1009(a) applies in a reopened bankruptcy case).
98 (Cal.Ct.App.1979), and a cause of action for actual or compensatory damages is conclusively established., [7] Maaskant also filed the state complaint against Kamira and Jerry Baird, Debtor's former husband, who was present at the time Debtor told Mrs. Corey about the alleged molestation.
, The bankruptcy court ruled that Thanksgiving Friday is not a holiday under Rule 9006(a), relying on an unpublished Ninth Circuit decision holding that Thanksgiving Friday is not `declared a holiday' by California Government Code § 19853. The motion shall be filed before the time has expired.
, Whether a plan may enjoin a creditor holding a nondischargeable claim from collection while the debtor makes payments to other creditors under the plan has been a point of some controversy in the courts in the Ninth Circuit and elsewhere. Bonner Mall, 2 F.3d at 908-09., Such is the case here.
