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Description Date Docket #

IN RE ELM RIDGE ASSOC

United States Second Circuit
Bankruptcy Law, Commercial Law
A borrower's affidavit is not rendered materially false under New York's Lien Law for including in the statement "the net sum available to the...
12/14/2000 00-5001

CEDAR SHORE RESORT v. MUELLER

United States Eighth Circuit
Bankruptcy Law
Where bankruptcy court makes a factual determination that motivation for bankruptcy petition was to dispose of shareholder lawsuit, and the finding is...
12/13/2000 00-1389

TURTLE ROCK MEADOWS HOMEOWNERS ASSOC. v. SLYMAN

United States Ninth Circuit
Bankruptcy Law
A homeowners association must demonstrate all five elements of common law fraud, including misrepresentation and reliance, to prove that its claim for...
12/12/2000 99-55392

IN RE: GEORGE D. NEWPOWER, JR.

United States Sixth Circuit
Bankruptcy Law, Civil Procedure
Money embezzled by and traceable to debtor is not part of the bankruptcy estate, but property traceable to misappropriated funds for which debtor...
12/07/2000 99-1211, 99-1239

ALBRECHT v. PACHULSKI, STANG, ZIEHL, & YOUNG

United States Tenth Circuit
Bankruptcy Law
Law firm denied an post facto appointment as a professional under Section 327(a) of the Bankruptcy Code may not be compensated under Section...
12/04/2000 00-8022

IN RE: CORNELIUS P. YOUNG

United States First Circuit
Bankruptcy Law, Civil Procedure, Tax Law
The three-year limitations period on non-dischargeable taxes in bankruptcy, under 11 USC 507, is tolled for the period a debtor is in a Chapter 13...
12/01/2000 00-1484

O'DOWD v. TRUEGER

United States Third Circuit
Bankruptcy Law
Since plaintiff-debtor's second malpractice action was based on alleged pleading errors committed in the first malpractice action, and her bankruptcy...
11/30/2000 99-5479

GOYA FOODS, INC. v. UNANUE

United States First Circuit
Bankruptcy Law, Corporation & Enterprise Law
Evidence that individual debtor created company, initially funded it with his own assets, managed it, and paid his own and his wife's expenses with...
11/30/2000 98-1553, 99-1307, 99-2056, 99-2211

PRESTIGE LIMITED PARTNERSHIP v. EAST BAY CAR WASH PARTNERS

United States Ninth Circuit
Bankruptcy Law
Creditor who waives a secured property interest by failing to foreclose on the property under California Civ. Proc. Code S 726(a), does not waive the...
11/28/2000 99-15673

CONTAINER v. LYKES BROS.

United States Eleventh Circuit
Admiralty, Bankruptcy Law
Under the Federal Maritime Lien Act, 46 USC 31341 et seq., a container supplier did not "provide necessaries" to debtor's ships when lease agreement...
11/27/2000 00-11565

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