, for James O. Gibson., [3] In so holding, Gwinn relied on Jones v. Tyson, 518 F.2d 678 (9th Cir.1975), which held under the old Bankruptcy Act that attorney's fees awarded to an attorney for a debtor's former spouse in a California dissolution proceeding were spousal support.
Bankruptcy Rule 7056; In re Washburn Roberts, Inc., 795 F.2d 870, 872 (9th Cir.1986); From this premise, National Bank concludes that it has had a continuous interest in the Auburn Property proceeds entitling it to prevail over the interest of the trustee under Section 544(a)(3).
, United States Bankruptcy Appellate Panel of the Ninth Circuit., [3] There is conflicting evidence in the record as to whether the reduction in the proposed coverage was a result of Mr. Moscatel's desires or whether Philadelphia Life determined not to issue the policy for the original amount.
However, in this appeal, Stevens argues that Rule 4004(c)(2) would require that an immunized period exist from the end of the Rule 4004(a) period until the actual entry of a discharge, which would occur, at the earliest, if and when Cal America's complaint were resolved favorably to the debtor.
The court thereupon entered an order compelling discovery over the objections of Bell, and, pursuant to Rule 37(a)(4) of the Federal Rules of Civil Procedure, ordered Bell to pay $750 to cover the expenses which the trustee had incurred in prosecuting the motion. 675, 684, 58 L. Ed. 2d 596 (1979);
In 1982, appellant Rider invested in debtors' Ponzi scheme. The bankruptcy courts, however, concluded that appellants did not make the down payments and note payments under their purchase agreements in exchange for the power payments or any promise of income from the operation of the modules.
Fresh Approach, 51 B.R. in trust ., While there are no reported cases which deal with the issue of where some PACA suppliers seek to exclude others from sharing in trust assets, at least one bankruptcy court has recognized that one PACA claimant is not entitled to payment ahead of other claimants.
Since we reverse Judge Ryan's determination that the court lacked subject matter jurisdiction we must remand so that Judge Ryan may consider whether Mangun's conduct was abusive and within the ambit of Bankruptcy Rule 9011. 792 F.2d at 801. (Bartlett) to represent it in the bankruptcy case.
[3], Further support for applying Rule 9006(a) to the time limitations of Rules 4004(a) and 4007(c), can be found in the Ninth Circuit case of In re Victoria Station Inc., 840 F.2d 682 (9th Cir.1988).
19 (1989), In re Ramon A. CAMPBELL and Jennie Campbell, Debtors., On September 9, 1988, the Clerk of the bankruptcy court issued summonses to Ramon Campbell requiring him to serve and file a motion or answer to each complaint within thirty days. v. Albright, 862 F.2d 1388, 1392 (9th Cir.1988);
Bankruptcy Rule 8013; N.D.N.Y.1987) (Chapter 13 plan proposing to pay 48% of otherwise nondischargeable student loan debt was not proposed in good faith where dominant purpose of filing was to obtain partial discharge); Further, the Debtors have dedicated all disposable income to the plan.
In the absence of such language, we hold that after rejection of the lease, the payment of an administrative claim for rent, like all other administrative claims is within the sound discretion of the bankruptcy court and should be determined under section 503.
, In 1985 Jordan entered into a structured settlement with BN to compromise his claims against the company. 1199, 89 L. Ed. 2d 313 (1986)., To determine whether the pension plans were self-settled, the Pettit and White courts looked at the control exercised by the employee over the trust in issue.
, United States Bankruptcy Appellate Panel of the Ninth Circuit. Subsequently, on June 26, 1987, the court entered an order converting the case to Chapter 7, at which time a Chapter 7 trustee was appointed., Whether a Chapter 7 debtor has standing to assume or reject a lease agreement.
After a two day trial the bankruptcy court held that the judgments against Will Ellwanger were dischargeable and that the judgment debts against Helen Ellwanger were nondischargeable under ยง 523(a)(2). In this case Mrs Ellwanger obtained $120, 000 in property by her fraudulent conduct.
The trustee opposed the motion and concurrently filed a counter-motion for a partial disallowance of Crake's unsecured claim (based on her ownership interest of a fifty percent interest in the debtor partnership) or, in the alternative, for equitable subordination of her claim.
103 B.R. 228 (1989), In re STANMOCK, INC., dba Tri-Cities Auto Painting Body Repair and Tri-Cities Paint and Body, Debtor., UNITED STATES of America, on Behalf of the INTERNAL REVENUE SERVICE, Appellant v., STANMOCK, INC. and Gerald Moch, Appellees., BAP No. SC-87-1396 VAsR
In Price the Ninth Circuit in affirming this court's opinion stated Counsel for the appellant in the present appeal was given actual notice of the bankruptcy proceedings in time to file a complaint, or at least to file a timely motion for an extension of time. Neeley, 815 F.2d at 347.
FACTS, Karla Romano was a patient of Dr Strybel, a psychiatrist, for approximately seven months beginning in Spring, 1977. The bankruptcy court noted that Mrs Romano never contended that Dr Strybel made any sexual advances towards her during the course of the psychotherapy sessions.
, United States Bankruptcy Appellate Panel for the Ninth Circuit.I, We are asked to review a decision which gave a superpriority claim arising during the course of a liquidation priority over competing claims which emanated from Section 507(b). 1893, 1898, 44 L. Ed. 2d 525 (1975);
