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Description Date Docket #

LAZAR v. STATE OF CALIFORNIA

United States Ninth Circuit
Bankruptcy Law, Constitutional Law
When a state or an "arm of the state" files a proof of claim in a bankruptcy proceeding, the state waives its Eleventh Amendment immunity with regard...
01/12/2001 97-56635

OFFICE OF THRIFT SUPERVISION v. OVERLAND PARK FIN. CORP.

United States Tenth Circuit
Bankruptcy Law
Appellant's stipulation to maintain capital is a binding committment subject to 11 USC 365(o) cure and appellant is obligated to honor its pledge...
01/08/2001 99-3176 & 99-3177

IN RE: DARICK PATRICE WILLIAMS

United States Eighth Circuit
Bankruptcy Law
Under 28 USSC 1334, a Motion to Compel Turnover is a core bankruptcy proceeding that a bankruptcy court has jurisdiction to hear.
01/08/2001 006065P.pdf

HUMINSKI v FACTORY POINT NAT'L BANK

United States Second Circuit
Bankruptcy Law, Civil Procedure, Injury & Tort Law
Federal law preempted debtors' state tort law claims. Debtors could only pursue remedies for purported violations of the automatic stay in bankruptcy...
01/05/2001 00-7608

SIEMER v. NANGLE

United States Eighth Circuit
Bankruptcy Law
Illinois judgment for damages for violation of Fair Debt Collection Practices Act, 15 USC 1692, et. seq., is a non-dischargeable debt. A non-final...
01/04/2001 00-6068

FARLEY, INC. v. OHIO BUREAU OF WORKERS COMPENSATION

United States Seventh Circuit
Bankruptcy Law, Labor & Employment Law
State worker's compensation bureau, acting as employer's surety, is entitled to recovery and reimbursement from employer's bankruptcy estate for...
12/29/2000 00-1976

BURT v. MAURER

United States Eighth Circuit
Bankruptcy Law
Bankruptcy court could rely on state court finding that debtor obtained property from creditor by means of a fraudulent misrepresentation concerning...
12/22/2000 00-6056 and 00-6060

BARBOSA v. SOLOMAN

United States First Circuit
Bankruptcy Law, Commercial Law, Property Law & Real Estate
Where a debtor "strips down" a mortgage, underpays the unsecured creditors, and obtains a discharge under 11 USC 1328(a), while selling the property...
12/21/2000 00-1221

SCHWARTZ v. KUJAWA

United States Eighth Circuit
Bankruptcy Law, Ethics & Professional Responsibility
Attorney who filed bad faith involuntary bankruptcy petition could be ordered to pay attorneys' fees as sanction under Rule 9011 or court's inherent...
12/21/2000 00-6067 and 00-6100

SMITH v. KENNEDY

United States Ninth Circuit
Bankruptcy Law
Conversion of a bankruptcy case from Chapter 11 to Chapter 7 does not trigger a new period within which to file objections to property already...
12/19/2000 98-56795

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