all - Opinion Summaries

IN RE: THE CALDOR CORP.

Bankruptcy Law, Civil Procedure
The plain text of Bankruptcy Code section 1109(b) indicates Congress intended to grant an unconditional statutory right for parties in interest to...

PEOPLES' STATE BANK OF WELLS v. STENZEL

Bankruptcy Law, Property Law & Real Estate
A claim that a one-third remainder interest a parcel of land qualifies for a homestead exemption in bankruptcy is remanded for a finding as to whether...

FIFTEENTH RMA PARTNERS, L.P. v. PACIFIC/WEST COMMUNICATIONS GROUP, INC.

Bankruptcy Law, Commercial Law, Injury & Tort Law, Judgement Enforcement
California law prior to July 1, 2001 barred a secured creditor from attaching its security interest to the proceeds of a tort action.

MENOTTE v. BROWN

Bankruptcy Law
Where a bankruptcy debtor created a trust for own benefit, her interest in the trust (a yearly income stream from trust assets) is not exempt from her...

NELSON v. LA CROSSE COUNTY DIST. ATTORNEY

Bankruptcy Law, Constitutional Law
Congress did not validly abrogate state sovereign immunity when it enacted Bankruptcy Code section 106(a) pursuant to its Article I legislative power.

REFINERY HOLDING CO., LP v. TRMI HOLDINGS, INC.

Bankruptcy Law, Contracts, Environmental Law
Language of a bankruptcy lender agreement did not create an implied indemnity by a current refinery owner in favor of a former owner, and a provision...

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS v. TRANSTEXAS GAS CORP.

Bankruptcy Law, Civil Procedure
The bankruptcy court lacked jurisdiction to enter a postjudgment order reiterating an interest rate applicable to tax claims after a notice of appeal...

TEMECULA v. LPM CORP.

Bankruptcy Law, Landlord Tenant Law, Property Law & Real Estate
Chapter 11 rent claims, having administrative priority under 11 U.S.C. section 365(d)(3), do not have super-priority over other administrative claims...

GROMAN v. WATMAN

Bankruptcy Law
Meaningful analysis under 11 U.S.C. section 727, prohibiting discharge in bankruptcy cases involving a fraudulent transfer of assets, requires a...

ABELE v. MODERN FIN. PLANS SERV., INC.

Banking Law, Bankruptcy Law
A party listed on the "purchaser" line of a cashier's check does not exercise sufficient dominion over the funds to be considered an initial...