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Description Date Docket #

MJK CLEARING, INC. v. STEPHENSON

United States Eighth Circuit
Bankruptcy Law
Plaintiff was not entitled to constructive trust on the $18 million it transferred to debtor, as it could not trace the cash collateral into an...
06/09/2004 03-2443

WESTINGHOUSE CREDIT CORP v. D'URSO

United States Second Circuit
Bankruptcy Law
In a bankruptcy appeal concerning the calculation of interest, lower court improperly applied the lower post-judgment interest rate to the judgment...
06/08/2004 03-7368

HOLYOKE NURSING HOME, INC. v. HEALTH CARE FIN. ADMIN.

United States First Circuit
Bankruptcy Law
Deductions for a portion of overpayments defendant made to plaintiff constitute recoupment, not a setoff, and therefore are not barred by the...
06/08/2004 03-1933

IN RE: PRICE

United States Third Circuit
Asset Forfeiture, Bankruptcy Law
Section 521(2)(a) of the Bankruptcy Code does not prevent non-defaulting chapter 7 debtors from retaining secured property such as an automobile by...
06/03/2004 03-2084

MCKOWEN v. INTERNAL REVENUE SERV.

United States Tenth Circuit
Bankruptcy Law
The Bankruptcy Code's exemption of income tax debt from discharge allows the federal government to collect funds lawfully due, even from a debtor who...
06/01/2004 01-1345

THE RETIRED PILOTS ASS'N OF US AIRWAYS, INC. v. US AIRWAYS GROUP

United States Fourth Circuit
Bankruptcy Law, Transportation
Appellant's challenge to the bankruptcy's court distress termination order is equitably moot because the termination order had been fully consumated...
05/27/2004 03-1825

ENEWALLY v. WASHINGTON MUTUAL BANK

United States Ninth Circuit
Banking Law, Bankruptcy Law
A Chapter 13 bankruptcy plan may not provide for dividing a loan into secured and unsecured claims with the debtor satisfying the secured claim beyond...
05/27/2004 02-57119

KOVACS v. FIRST UNION HOME EQUITY BANK

United States Sixth Circuit
Bankruptcy Law, Constitutional Law
The bankruptcy trustee is permitted to avoid the mortgages held by the defendants under 11 U.S.C. section 544.
05/26/2004 02-4468

ECC CONSTR., INC. v. OAK PARK CALABASAS HOMEOWNERS ASS'N

California Court of Appeal
Bankruptcy Law, Civil Procedure
Bankruptcy Code section 108(c)(2) provides a 30-day extension of the time in which a trial court may rule on a motion for new trial, if the deadline...
05/20/2004 B163108

IN RE CATT

United States Seventh Circuit
Bankruptcy Law, Construction
Bankruptcy court is bound by the state court's finding of fraud, where the debtor was given a fair chance for a full and fair hearing; the creditor...
05/19/2004 03-1847

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