Bankruptcy

Sorry, but there are no more tags available to filter with.
Recent Posts

In re Boyajian, 2009 U.S. App. LEXIS 9607
Posted on 13 May 2009 by LexisNexis Bankruptcy Law Community Staff

Bankruptcy court erred in granting summary judgment for debtors because, assuming creditor was recipient of general assignment of default judgment against debtors, it could stand in shoes of assignor and pursue nondischargeability action under 11 U.S... Read More

Florida Dept. of Revenue v. Piccadilly Cafeterias, 128 S. Ct. 2326 (2008)
Posted on 22 May 2008 by LexisNexis Bankruptcy Law Community Staff

A debtor could not rely on 11 U.S.C.S. § 1146(a) to avoid a state revenue department's stamp taxes because the debtor had transferred its assets before its Chapter 11 plan was confirmed by the bankruptcy court; 11 U.S.C.S. § 1146(a) did... Read More

In re Landamerica Financial Group, Inc., 2009 Bankr. LEXIS 940
Posted on 13 May 2009 by LexisNexis Bankruptcy Law Community Staff

Property which a Chapter 11 debtor held in segregated accounts for a former customer that was involved in exchanging property under 26 U.S.C.S. § 1031 was not held in trust at the time the debtor declared bankruptcy, and it was not excluded from... Read More

In re City of Vallejo, 403 B.R. 72 (Bankr. E.D. Cal. 2009)
Posted on 22 May 2008 by LexisNexis Bankruptcy Law Community Staff

City was potentially entitled to utilize 11 U.S.C.S. § 365 to reject executory collective bargaining agreements with public employee unions because it was authorized under Cal. Gov’t. Code § 53760 to file a chapter 9 petition. State labor... Read More

In re Paschall, 2009 Bankr. LEXIS 938
Posted on 13 May 2009 by LexisNexis Bankruptcy Law Community Staff

Chapter 7 trustee was allowed to avoid interests in two parcels of real property a debtor transferred to a trust for the benefit of his wife as part of a divorce settlement, as preferential transfers to an insider under 11 U.S.C.S. § 547, and to... Read More

United States v. Atl. Research Corp., 551 U.S. 128 (2007)
Posted on 22 May 2008 by LexisNexis Bankruptcy Law Community Staff

Lessee that performed work for the federal government at a Department of Defense facility could bring an action under 42 U.S.C.S. § 9607(a) of CERCLA to recover costs of cleaning up contamination at the site; any private party, including a potentially... Read More

The Travelers Indemnity Company, et al. v. Pearlie Bailey, et al., 2009 U.S. LEXIS 4537
Posted on 31 Mar 2009 by LexisNexis Bankruptcy Law Community Staff

Bankruptcy injunction barring actions against insurers of the bankruptcy debtor's asbestos liability applied to preclude claims that the insurers concealed the dangers of asbestos, since the claims clearly related to the insurers' coverage of... Read More

In re Gamaldi, 2009 Bankr. LEXIS 960
Posted on 13 May 2009 by LexisNexis Bankruptcy Law Community Staff

Genuine issue of material fact existed as to whether a husband received fair consideration for $ 45,000 his wife transferred to the husband's stepmother under a property settlement agreement which precluded the court from granting summary judgment... Read More

Travelers v. Pacific Gas & Electric, 549 U.S. 443 (2007)
Posted on 22 May 2008 by LexisNexis Bankruptcy Law Community Staff

Surety's claim in debtor's bankruptcy for attorney fees under indemnity agreements between surety and debtor was improperly disallowed on ground that fees were incurred litigating bankruptcy rather than contractual issues, since claim was allowed... Read More