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Description Date Docket #

IN RE BEHLKE

United States Sixth Circuit
Bankruptcy Law
Debtors' voluntary Chapter 7 petition was properly dismissed for "substantial abuse" under Bankruptcy Code section 707(b). 401K contributions were...
02/20/2004 02-4306

IN RE BYRD

United States Fourth Circuit
Banking Law, Bankruptcy Law
Having reduced its claims to judgment, a creditor was eligible to file an involuntary bankruptcy petition against the debtor; since no substantial...
02/11/2004 03-1185

KRYSTAL ENERGY CO. v. NAVAJO NATION

United States Ninth Circuit
Bankruptcy Law, Indian Law
Because Indian tribes are domestic governments, their sovereign immunity is congressionally abrogated by Bankruptcy Code sections 106(a) and 101(27).
02/10/2004 02-17047

IN RE HARKER

United States Eighth Circuit
Bankruptcy Law, Tax Law
IRS carried its burden of showing taxpayer owed taxes and interest for the 1985 and 1986 tax years. Bankruptcy court did not err in finding tax lien...
02/10/2004 03-1326

EDUC. CREDIT MGMT. CORP. v. POLLEYS

United States Tenth Circuit
Bankruptcy Law, Education Law
In deciding whether a debtor's federal student loans constitute an "undue hardship" and thus are dischargeable, the bankruptcy court should consider...
02/04/2004 02-8059

IN RE MOORE

United States Tenth Circuit
Bankruptcy Law, Injury & Tort Law
A debt based on a state court judgment for intentional fraud was dischargeable under Bankruptcy Code section 523(a)(6). Though he fraudulently...
02/03/2004 02-6279

IN THE MATTER OF HOVIS

United States Seventh Circuit
Banking Law, Bankruptcy Law
Confirmation of debtor's Chapter 11 plan does not estop him from contending that a secured creditor liquidated some collateral in a commercially...
02/02/2004 02-2450

DUNMORE v. US

United States Ninth Circuit
Bankruptcy Law, Civil Procedure, Tax Law
Plaintiff's tax refund claims are "non-core" proceedings under the Bankruptcy Code, despite the offset claim asserted by the IRS; the bankruptcy court...
01/29/2004 02-15789

KERTESZ v. OSTROVSKY

California Court of Appeal
Bankruptcy Law, Civil Procedure
Plaintiffs' complaint, seeking an unpaid judgment, was timely; the limitations period was tolled by defendant's bankruptcy petition and by the...
01/28/2004 G030640, G031373

IN RE OLSHAN

United States Ninth Circuit
Bankruptcy Law, Tax Law
Bankruptcy court erred in rejecting the IRS' claims for unreported nonbusiness income and overstated business deductions after finding that the IRS'...
01/28/2004 02-56792

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