Consequently, the bankruptcy court discharged approximately 67% of the ASLC loan and 70% of the USA Funds loan. 285, 285-90, 139 L. Ed. 2d 215 (1997) (quoting Russello v. United States, 464 U.S. 16, 23, 104 S. Ct.
11 (1998), In re Kenneth R. WAY, Debtor., Paul F. Eisinger, Esq. The contempt motion contended that Eisinger, Olson, Polednak, and attorney Alan F. LeFebvre willfully violated *13 the automatic stay by continuing to prosecute the motion to dismiss after receiving notice of the bankruptcy filing.
I, The bankruptcy court dismissed the complaint against Global Forest Products (Global) for avoidance of a fraudulent transfer, on the basis that the debtor did not have an interest in the transferred funds. A signature card memorializes the relationship between the depositor and the bank.
The bankruptcy court's order annulling the automatic stay, Although the debtors have appealed the bankruptcy court's grant of FAMCO's and the purchasers' motions for summary judgment, the crux of their appeal actually concerns the bankruptcy court's earlier order that annulled the automatic stay.
DeVore timely filed notices of appeal of both orders., DeVore argues that the trustee's abandonment of the litigation proceeds via the no asset report and closing of the case is irrevocable, thus the bankruptcy court's order reopening her case and withdrawing the no asset report was of no effect.
this is such a motion. The bankruptcy court found that the clerk's order dismissing Appellant's case did not transgress Rule 5005(a), for the obvious reason that the clerk did not refuse to accept Appellant's papers for filing, and Fernandez does not challenge that finding., D. Summary Judgment.
The Trustee may not avoid the trust on the Ward sale proceeds through his powers as a judgment lien creditor, because California law does not allow such a creditor to reach property held by the judgment debtor in trust for another.
[11], In light of our reversal of the sanction for violation of the one-action rule, the case must be remanded for the bankruptcy court to reconsider whether there is a right to attorney fees under state law[12] and, if so, whether debtor is the prevailing party on the *776 state law issue.
The plan also provided for the cure of default on the CityBank loan. The bankruptcy court concluded the decision in In re Entz-White Lumber and Supply, Inc., 850 F.2d 1338 (9th Cir.1988), was determinative of the invalidity of the CityBank claim for default interest and administrative costs.
[5] Price Development Co. owns the shopping center for store number 290 in Bountiful, Utah. Under the FADCO Agreement, Ernst proposed to sell to FADCO three fee interests in real property and 59 leasehold interests (the FADCO leases). 910, 47 L. Ed. 2d 1 (1976). these leases have significant value.
, Court decisions applying Farrey's concept of fixing of a lien have uniformly held that various divorce decrees operated to extinguish the pre-existing interests of the debtor and that the liens of the non-debtor spouse fixed before the creation of the debtor's new property interest.
542 (1998), In re Martha M. BERNAL, Debtor., Educational Credit Management Corporation (Appellant) appeals from an order denying a motion to intervene as a defendant in a student loan hardship discharge adversary proceeding and denying an alternate request for relief from entry of clerk's default.
*604 ISSUES, 1. Whether McCrary's fraud claim in count one of the second amended complaint stated a cause of action under § 523(a)(6) even though the bankruptcy court had previously determined that the same facts did not state a cause of action under § 523(a)(2)(A) or (a)(2)(B).
The bankruptcy court ruled that since the debtor was still functioning as a business at the time the Atlantis ceased operations, the former employees could not receive priority for wages earned within 90 days before the date of . EAC and Elsub filed Chapter 11 petitions in New Jersey in July 1987.
, On March 12, 1997, the bankruptcy court entered an order which confirmed the debtor's plan, provided full payment on Volcano's judgment claim, including the gap interest, and allowed interest on Volcano's claim at the 10.25% rate of interest provided under Nevada state law.
A premature statement of election Unless otherwise provided by a rule promulgated pursuant to Rule 8018, consent to have an appeal heard by a bankruptcy appellate panel may be given in a separate statement of consent executed by a party or contained in the notice of appeal or cross appeal.
v., GORE BROTHERS; The bankruptcy court recognized that Century Cleaning does not support payment for pre-conversion services under a reasonableness theory, stating:, [i]f the order was granted in the Chapter 11, the court notes that no objection is made to the fees requested post-petition
The court entered summary judgment in Crowder's favor., *49 In August 1996, the state court held a hearing on Branam's motion for a new trial and to tax costs, Allison's motion for a judgment notwithstanding the verdict and new trial, and Crowder's motion for attorneys' fees., [State] .
[3] Appellant relied solely on a state court stipulation (the Stipulated Judgment) whereby debtor Richard A. Cole (Appellee) stipulated that if he attempted to discharge in bankruptcy the debt that he owed Appellant, the debt would be deemed nondischargeable under § 523(a)(2)(A). Aetna Fin.
, BAP No. NC-97-1820-RRYJU, Bankruptcy No. 97-47332-ND., On September 10, 1997, the United States Trustee (the UST) filed a motion pursuant to § 329(b) and Rule 2017(a) for review of the fees charged by Hastings for his preparation of the debtor's petition (motion for review).
