all - Opinion Summaries

ROSS v. UNIVERSAL STUDIOS CREDIT UNION

Bankruptcy Law
Federal law preempts a state claim for malicious prosecution that arose from a federal bankruptcy, where the plaintiff first sought Chapter 7...

STEVENSON v. J.C. BRADFORD & CO.

Bankruptcy Law
Under 11 USC 548(a)(1) and Tennessee law, funds held in escrow for an attorney's clients constitute an express trust excluded from the debtor's...

IN RE: LOS GATOS LODGE, INC.

Bankruptcy Law
A bankruptcy trustee may not surcharge a creditor for expenses in preserving a property under 11 USC 506(c) after the secured creditor's claim has...

WHITEHOUSE v. LAROCHE

Bankruptcy Law, Environmental Law
Under 11 USC 523(a)(7), a consent decree for a "shortfall amount" for a violation of R.I. Gen. Laws 46-12-13 and for a contingent civil penalty is...

IN RE: VOTE

Agriculture, Bankruptcy Law
Under 11 USC 541(a)(1), a government farm benefit created after debtor filed for bankruptcy is not property of the bankruptcy estate.

DUBOIS v. FORD MOTOR CREDIT CO.

Bankruptcy Law
Under 11 USC 524(f), a creditor, who leased a second vehicle to debtor after first lease expired, and after discharge in bankruptcy, may assess excess...

IN RE: MID-ISLAND HOSP., INC.

Bankruptcy Law
Under 11 USC 541(a)(1), interest on money held by an insurance company for a debtor under statute is not "property of the estate" absent wrongdoing...

BANK OF CHINA v. HUANG

Bankruptcy Law
Settlement agreement where party agreed not to declare bankruptcy does not have collateral estoppel effect on a later bankruptcy petition for fraud...

ALLEN v. ALLEN

Bankruptcy Law, Family Law
Marital dissolution proceedings relating to spousal support are not subject to the automatic stay provisions of 11 USC 362(b)(2)(A)(ii).

PETRO v. MISHLER

Bankruptcy Law
A bankruptcy trustee, who objects to a proposed debtor's plan in a Chapter 13 petition, must comply with 11 USC 1325(b) and local court rules for...