all - Opinion Summaries

SCOVIS v. HENRICHSEN

Bankruptcy Law
Under 11 USC 109(e), which limits Chapter 13 eligibility to under $250,000 in unsecured debt, the bankruptcy court must calculate the eligibility...

STEIN v. CADLE CO.

Bankruptcy Law
Under the Federal Priority Statute, 31 USC 3713 gives the federal government priority over other judgement creditors notwithstanding the Federal Tax...

THE STATE BAR OF CALIFORNIA v. TAGGART

Bankruptcy Law
Costs of attorney disciplinary proceedings brought by California State Bar are compensation for the bar's pecuniary loss and are thus dischargeable in...

KENNEDY v. MUSTAINE

Bankruptcy Law, Injury & Tort Law
Defamation per se under Michigan law presumes damages, so 11 USC 523(a)(6) nondischargeability, for debts arising from willful and malicious injury to...

HARMON v. KOBRIN

Bankruptcy Law
Under 11 USC 523(a)(6), mere fact that prior lawsuit resulted in default judgment will not automatically give preclusive effect to judgment.

BALDWIN v. KILPATRICK

Bankruptcy Law
Under 11 USC 523(a)(6), a prior state court proceeding that granted default judgment in a battery lawsuit that was previously arbitrated will have...

KORTE v. US

Bankruptcy Law, Tax Law
Debtor's failure to disclose on his schedules and in his testimony that he retained an interest in property transferred to a trust justifies IRS...

MOREHEAD v. STATE FARM MUT. AUTO. INS. CO.

Bankruptcy Law
A wage garnishment is an avoidable transfer where the garnishment is of wages earned during the 90-day preference period in bankruptcy under 11 USC...

GOLDENBERG v. SAWCZAK

Bankruptcy Law
Under section 222.14 of the Florida Statutes, the cash surrender value of an annuity contract is exempt from bankruptcy proceedings.

CADDO PARISH-VILLAS SOUTH, LTD. v. BEAL BANK, S.S.B.

Bankruptcy Law, Commercial Law
The right to enforce a negotiable instrument is not a strictly personal obligation, so it therefore may be assigned, and where there is an assignment...