all - Opinion Summaries

IN RE: SWALLEN'S, INC.

Bankruptcy Law
Bankruptcy court does not have the authority, over the objections of creditors, to order distribution of the assets of an estate under 11 USC 507 in...

HECKERT v. DOTSON

Bankruptcy Law
When a prior state court judgment is the debt at issue, the bankruptcy court, in an adversary proceeding to determine whether the debt is...

MURPHY v. MICHIGAN GUAR. AGENCY

Bankruptcy Law
State student loan agency has 11th Amendment immunity from Chapter 7 adversary proceeding seeking to discharge student loan debts under Bankr. R....

IN RE: CANAL STREET LTD. P'SHIP

Bankruptcy Law
Under Fed. R. Bankr. P. 9014, a creditor is not entitled to a hearing for an application to reopen a closed post-confirmation Chapter 11 case.

IN RE FEDERATED DEP'T STORES, INC.

Bankruptcy Law
Under 11 USC 507(a)(8)(B) of the Bankruptcy Code, a tax is "assessed" on the date the entity is made liable for it, and does not depend on the tax...

SCHWARTZ v. KUJAWA

Attorney's Fees, Bankruptcy Law
Sanctioned party in involuntary bankruptcy proceeding need not pay attorney's fees for time opposing counsel billed client for speaking to the media.

HAMILTON v. LAKE ELMO BANK

Bankruptcy Law
Rule 8002(a) of the Bankruptcy Rules, which limits the time for filing a notice of appeal to 10 days, does not violate the Due Process clause of the...

SUHAR v. BURNS

Bankruptcy Law
A nonpossessory mortgagee whose lien is avoided pursuant to 11 USC 544(a) is not entitled to any benefit under section 550 of the Bankruptcy Code.

ALL DENOMINATIONAL NEW CHURCH v. PELOFSKY

Bankruptcy Law
Under 11 USC 1112(b)(2), a debtor's failure to provide monthly operating reports justifies dismissal of the Chapter 11 petition.

CHAO v. HOSP. STAFFING SERVS. INC.

Bankruptcy Law
A "hot goods" cause of action under the Fair Labor Standards Act to recover money for unpaid wages does not fall under the police powers exception to...