, At the September 21 hearing the court confirmed the plan of West Coast. Immediately upon confirmation, in the courtroom, West Coast conducted the auction and successfully purchased the Property by credit bid of $3.5 million.
, The trustee is authorized to prosecute state law fraudulent transfer actions under section 544(b). We AFFIRM the bankruptcy court's conclusion that the transfer to the GE defendants was fraudulent under the California Uniform Fraudulent Transfer Act, and AFFIRM the bankruptcy court's judgment.
The court did not explain its holding. In order to give meaning to exemptions in Chapter 13 cases, it appears that an exempt fund or other exempt property which is not considered regular income under Code Section 109(e) should not be counted as disposable income under Section 1325.
v., Anita S. HEATH, and Hazel Haynes, Appellees., United States Bankruptcy Appellate Panel of the Ninth Circuit. Haynes, like Heath, made no provision in her plan for future income tax refunds. Likewise, neither debtor produced any evidence that they could not project future tax refunds.
The bankruptcy court granted a motion for summary judgment in favor of Richard James Enterprises, Inc. (RJE). at 340 (citing cases)., The trustee attempts to distinguish Hooker Investments based on the fact the parties altered the escrow agreement after the funds were deposited in escrow.
, Appellants then filed an amended claim in the Debtors' bankruptcy case in the amount of $74, 000., Rent Reserved Under § 502(b)(6)(A), It is well settled that a lessor is entitled to assert a general unsecured claim for damages resulting from a debtor's rejection of a lease., 86 F.2d at 633.
FACTS, Jeffrey E. Waldner and Brenda K. Waldner (Debtors) were the sole shareholders, officers and directors of Waldner Enterprises, Inc. (Waldner Enterprises).CONCLUSION, The Appellant has not shown that the bankruptcy court abused its discretion by dismissing the complaint for failure of service.
708 F.2d at 427 n. 11 (emphasis added). In order to allow the trial court to make a proper determination of his entitlement to fees as trustee, Levy needed to provide detailed records of his time spent rendering services as trustee, records which were as detailed as those for his attorney time.
, (3) The term employee benefit plan or plan means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and an employee pension benefit plan. In Mackey the Supreme Court specifically allowed state law to affect ERISA.
OPINION, HAGAN, Bankruptcy Judge:, Appellants, chapter 7 debtors, appeal the bankruptcy court's rejection of their application for an award of attorney's fees and damages based on the Appellee's alleged violation of the section 362 automatic stay. The motion will be denied. Knaus, 889 F.2d at 776.
Tucker thereafter filed a motion for summary *806 judgment for dismissal on jurisdictional grounds.CONCLUSION, Upon filing its proof of claim, Tucker Plastics consented to the jurisdiction of the bankruptcy court for purposes of an affirmative judgment against it under § 547(b).
, The bankruptcy court overruled the objection of the United States Trustee in a published opinion holding that section 326(a) limits only the compensation paid to a trustee for services performed by the trustee personally. Ms. Ilfeld helped the trustee review claims and prepare his final account.
The bankruptcy court also denied this motion, stating in its order that [t]his Court will not entertain any further motions by Mr. Determan to modify the prior Court order entered on April 13, 1994 which requires Mr. Determan to disgorge fees to the Debtors and pay their attorney's fees.
, In the motion, Key Bar alleged that a final judgment was not entered in the adversary proceeding, but if the court ruled that the order was a final, appealable order, Key Bar was entitled to file a late notice of appeal based on excusable neglect. 674, 2 L. Ed. 2d 721 (1958))., 928 F.2d at 307.
, On June 19, 1992, the bankruptcy court confirmed the joint plan proposed by Pioneer and the Official Creditors' Committee. Rule 3001(f) provides that [a] proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim.
Although we do not have access to the complete case file, it appears that some of these claims arose out of hearings or court orders where prior court approval was specifically granted to the Trustee.
, Ramirez filed a motion for order of contempt in violation of the automatic stay against Goldberg, Arthur and Goldberg's attorney, Lowell R. Fuselier (Fuselier), in the Bankruptcy Court for the Southern District of California. All client files and personal property were still intact and in place.
Pepper v. Litton, 308 U.S. at 304, 60 S.Ct., The Supreme Court cases cited by Murgillo do not stand for the proposition that the bankruptcy court may disallow a valid state tax claim. 1026, 1030, 103 L. Ed. 2d 290 (1989), and citing Caminetti v. United States, 242 U.S. 470, 485, 37 S. Ct.
, The Agreement also provides that if Johnson breaches the covenant not to compete, Pioneer Centers and Brewer can offset their damages against the monthly payments and that Pioneer Centers and Brewer are entitled to specific performance and injunctive relief. 63, 121 L. Ed. 2d 31 (1992).
, *421 Philip A. DeMassa, San Diego, CA, for appellants. The bankruptcy court ruled in favor of the debtors and granted the debtors a discharge. Had DeMassa used the correct type size for the footnotes in his opening brief, he would have undoubtedly exceeded the thirty page limit by several pages.
