all - Opinion Summaries

N. Am. Catholic Educ. Programming Found., Inc. v. Gheewalla

Bankruptcy Law, Communications Law, Contracts, Corp. Governance, Corporation & Enterprise Law
The creditors of a Delaware corporation that is either insolvent or in the zone of insolvency have no right, as a matter of law, to assert direct...

Sec. & Exch. Comm'n v. Res. Dev. Int'l LLC

Banking Law, Bankruptcy Law, Corporation & Enterprise Law, Securities Law
In a case involving lawsuits filed by the SEC to shut down two fraudulent prime bank trading programs, a judgment finding that a $60,000 payment from...

Gillman v. Ford

Bankruptcy Law, Evidence, Injury & Tort Law
The proper burden of proof in assessing whether a debtor has concealed assets in bad faith is the preponderance of the evidence standard.

Valley Historic Ltd P'ship v. Bank of N.Y.

Bankruptcy Law, Civil Procedure
In case involving Chapter 11 debtor, district court's determination that the bankruptcy court lacked jurisdiction over the debtor's post-confirmation...

Florida Dep't of Revenue v. Omine

Attorney's Fees, Bankruptcy Law, Government Benefits, Sanctions
Affirmance of bankruptcy court order awarding damages after a determination that plaintiff violated the automatic stay is vacated as to the award of...

Sea Foods Co. Ltd. v. O.M. Foods Co., Ltd.

Bankruptcy Law, Civil Procedure, Debt Collection
In case involving foreign creditor's writ of attachment against a California importer, orders directing defendant-importer to pay plaintiff under its...

Nichols v. Birdsell

Bankruptcy Law, Tax Law
Debtors' pre-bankruptcy application of their right to tax refunds to post-bankruptcy tax obligations constitutes an asset that must be turned over to...

Sherman v. Harbin

Bankruptcy Law, Civil Procedure, Contracts, Property Law & Real Estate
A bankruptcy court considering the feasibility of a plan of reorganization under 11 U.S.C. section 1129(a)(11) must evaluate the possible effect of a...

In re: Troff

Bankruptcy Law, Criminal Law & Procedure, Sentencing
11 U.S.C. section 523(a)(7) does not permit a debtor in a Chapter 7 bankruptcy proceeding to discharge a restitution obligation imposed as part of a...

In re: Globe Building Materials, Inc.

Bankruptcy Law, Contracts
In a suit by a bankruptcy trustee to recover payments made to a company producing specialized equipment for a bankrupt roofing materials manufacturer...