all - Opinion Summaries

RYAN v. HOMECOMINGS FIN. NETWORK,

Bankruptcy Law
Because the Supreme Court's reasoning in Dewsnup v. Timm, 502 U.S. 410 (1992), is equally applicable to "strip offs" as to "strip downs", a debtor may...

POND v. FARM SPECIALIST REALTY

Bankruptcy Law
Chapter 13 debtors can void a lien on their residential property under 11 USC 1322(b)(2) if there is insufficient equity in the residence to cover any...

MCCORD v. AGARD

Bankruptcy Law
Section 550(a)(1) of the Bankruptcy Code does not mandate that a trustee recover from the transferee the fair market value of property that was the...

HICKS v. E. T. LEGG & ASSOCIATES

Bankruptcy Law, Property Law & Real Estate
Civil Code 2924c(e), and 2924g(d) do not prohibit the postponement of a foreclosure sale for successive periods of five of fewer business days during...

CLYDE BERGEMANN, INC. v. THE BABCOCK & WILCOX CO.

Bankruptcy Law
A bankruptcy court's order authorizing only a pre-confirmation financing arrangement involving all the debtors and from which each of the debtors...

DUDLEY v. ANDERSON

Bankruptcy Law
Under California Code of Civil Procedure 704.115(a)(3), an Individual Retirement Account may be exempt from a bankruptcy estate even if it is used...

SIMON v. CHASE MANHATTAN BANK

Banking Law, Bankruptcy Law
The Bankruptcy Code's "strong arm" clause under 11 USC 544(a) allows a debtor's estate to avoid a mortgage not properly executed under state law, and...

HOOD v. TENNESSEE STUDENT ASSISTANCE CORP.

Bankruptcy Law, Constitutional Law
States cede their sovereignty over bankruptcy discharge matters under the Constitutional Convention.

HELFRICH v. THOMPSON

Bankruptcy Law
Under Ohio law, a state court magistrate's decision is not a judgment and therefore has no preclusive effect against a Chapter 7 debtor.

US v. BERG

Bankruptcy Law, Criminal Law & Procedure, Sentencing
Where the bankruptcy debtor neither conceals property from the estate's creditors nor makes a misrepresentation that works a fraud on the bankruptcy...