Bankruptcy Act Of 1898

112 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Saco Local Dev. Corp.
  711 F.2d 441· 1st Cir.· 1983-06-27 ·cited 132×
  The court held that an order determining a creditor's right to priority payment for employee insurance premiums under 11 U.S.C. § 507(a)(4) is a final, appealable order, and that such priority applies to unilaterally provided, non-union employee benefit plans.
• In re Cochise Coll. Park, Inc. v. Perry
  703 F.2d 1339· 9th Cir.· 1983-03-11 ·cited 51×
  The court held that the bankruptcy court erred in granting summary judgment because the ownership of payments and the trustee's liability for misconduct depend on whether the land sale contracts were executory and when payments were made, issues requiring further factual determin
• In re Beverly Hills Bancorp v. R.W. Hine
  752 F.2d 1334· 9th Cir.· 1984-12-04 ·cited 47×
  The court held that the bankruptcy court erred in reforming the settlement agreement in violation of the appellate mandate and in denying CPH standing to vote on reorganization plans. The court also held that CPH are entitled to post-petition interest.
• In re Glover, Inc. v. Albuquerque Nat'l Bank
  697 F.2d 907· 10th Cir.· 1983-01-13 ·cited 28×
  An order of the federal district court remanding a matter to the bankruptcy court for further consideration of administrative expenses is not a final and appealable order under 28 U.S.C. § 1291 or the Bankruptcy Reform Act of 1978.
• Emmylou Harris v. Emus Records Corp.
  734 F.2d 1329· 9th Cir.· 1984-05-29 ·cited 27×
  Copyright licenses are generally not transferable by a licensee without express authorization, and a bankruptcy trustee does not acquire a license as an 'interest' in a copyright. Therefore, purchasing assets from a bankrupt licensee does not transfer the license.
• In re Sullivan
  680 F.2d 1131· 7th Cir.· 1982-05-19 ·cited 25×
  Section 522(b)(1) of the Bankruptcy Code, which permits states to opt out of federal exemptions, does not violate the Constitution's uniformity clause or impermissibly delegate Congressional power.
• Farmers Co-Operative Ass'n OF Talmage v. Strunk
  671 F.2d 391· 10th Cir.· 1982-02-18 ·cited 25×
  The court held that the debtor's failure to disclose his bank account balance constituted a knowing and fraudulent concealment of assets and a false oath, warranting denial of discharge.
• City of New Orleans v. Harrell
  134 F.2d 399· 5th Cir.· 1943-03-12 ·cited 24×
  A statutory lien on personal property not accompanied by possession is subordinated to certain priorities under Section 67(c) of the Bankruptcy Act, even if valid under state law.
• In re United Mo. Bank OF Kan. City, N.A.
  901 F.2d 1449· 8th Cir.· 1990-04-23 ·cited 23×
  A bankruptcy judge lacks the statutory authority to conduct jury trials in a core bankruptcy proceeding alleging preferential transfers.
• In re Smith
  640 F.2d 888· 7th Cir.· 1981-02-17 ·cited 22×
  A debtor's cause of action for violations of the Truth in Lending Act and similar state statutes is 'property' that may be claimed as exempt under 11 U.S.C. § 522(d)(5).
• In re Virtual Network Servs. Corp.
  902 F.2d 1246· 7th Cir.· 1990-05-14 ·cited 21×
  The court held that 11 U.S.C. § 510(c)(1) empowers bankruptcy courts to equitably subordinate non-pecuniary loss tax penalty claims to other general unsecured creditors' claims, even without creditor misconduct, based on fairness to other creditors.
• In re Greene Cnty. Hosp. v. Greene Cnty. Hosp.
  835 F.2d 589· 5th Cir.· 1988-01-14 ·cited 21×
  The court held that a district court's order affirming a bankruptcy court's determination of subject matter jurisdiction is not a final order, and therefore, the court of appeals lacks jurisdiction to hear the appeal.
• In re Farmers Mkts., Inc. v. Farmers Mkts., Inc.
  792 F.2d 1400· 9th Cir.· 1986-06-26 ·cited 21×
  The Bankruptcy Code did not change the law regarding the state's interest in liquor licenses under its tax statute, and the debtors' estates took the licenses subject to this restriction.
• In re Chicago
  784 F.2d 831· 7th Cir.· 1986-02-27 ·cited 20×
  The appellate court held that the Soo Line, as the purchaser of the Milwaukee's railroad assets, is bound by the right of first refusal provision in the trackage rights agreement with the Escanaba.
• Excavators v. Mitchell
  734 F.2d 129· 2d Cir.· 1984-05-11 ·cited 20×
  A shareholder's derivative action concerning corporate rights during bankruptcy must be brought by an attorney approved by the bankruptcy court.
• Sw. Media, Inc. v. RAU
  708 F.2d 419· 9th Cir.· 1983-05-24 ·cited 20×
  The court held that the trustee's fee award was reasonable despite lack of time records, but the attorney's fee award was excessive due to an hourly rate higher than his usual private client rate.
• In re the Select-A-Seat Corp. v. Silver
  625 F.2d 290· 9th Cir.· 1980-08-11 ·cited 20×
  The court held that the bankruptcy court properly exercised summary jurisdiction to reject the executory contract, and Fénix's arguments regarding jurisdiction and the contract's burden were unpersuasive.
• In re Koerner v. Colonial Bank
  800 F.2d 1358· 5th Cir.· 1986-09-24 ·cited 19×
  The court held that the district court's order rejecting the constitutional challenge to the 1984 Act was not a final order and thus not immediately appealable, but the subsequent appeal from the dismissal of the bankruptcy appeal was properly before the court. The court affirmed
• Rubin v. Mfrs. Hanover Tr. Co.
  661 F.2d 979· 2d Cir.· 1981-09-21 ·cited 19×
  The court held that the district court applied incorrect legal standards in assessing fair consideration and insolvency for fraudulent conveyance claims under the Bankruptcy Act.
• Meer v. United States
  235 F.2d 65· 10th Cir.· 1956-07-11 ·cited 18×
  A conviction under 18 U.S.C. § 152 for making a false oath in a bankruptcy proceeding requires the false statement to be material to the inquiry. Count Three of the indictment failed to allege materiality, rendering it insufficient.
• In re Pac. FAR E. Lines, Inc. v. Wyle
  889 F.2d 242· 9th Cir.· 1989-11-08 ·cited 16×
  The court held that the bankruptcy court had jurisdiction to order a refund of RSEF contributions paid under the 1898 Act, and that the 1984 RSEF Act's $200,000 cap applied retroactively to fees already paid in pending cases.
• In re Chaffin
  816 F.2d 1070· 5th Cir.· 1987-05-19 ·cited 16×
  A prior declaration of non-dischargeability under the Bankruptcy Act of 1898 does not per se prevent discharge of that debt in a subsequent Chapter 13 case filed under the Bankruptcy Code, provided the debtor proposes the plan in good faith.
• In re Anchorage Int'l INN, Inc. v. Alaska Dep't OF Labor
  718 F.2d 1446· 9th Cir.· 1983-09-15 ·cited 16×
  A state statute requiring payment of debts arising from a licensed business before transfer of the liquor license is not preempted by federal bankruptcy law, as it creates a valid lien on the asset, not an invalid priority scheme.
• State OF Ohio v. Madeline Marie Nursing Homes # 1 & # 2
  694 F.2d 449· 6th Cir.· 1982-11-29 ·cited 16×
  The court held that the bankruptcy judge erred in issuing turnover orders against the State of Ohio, as the state likely possessed sovereign immunity under the Eleventh Amendment and the orders constituted impermissible retroactive monetary awards from the state treasury.
• United Va. Bank/Seaboard Nat'l v. B. F. Saul Real Est. Inv. Tr.
  641 F.2d 185· 4th Cir.· 1981-02-20 ·cited 13×
  A deed of trust can create a valid security interest in personal property under the UCC, even if its primary purpose is a real estate lien, and parties may be estopped from asserting inconsistent positions regarding that security interest.
• In re Paso del Norte OIL Co. v. Geib
  755 F.2d 421· 5th Cir.· 1985-03-18 ·cited 12×
  The bankruptcy court lacked jurisdiction to resolve a dispute between third parties concerning the fraudulent inducement of a stock sale that occurred before the debtor filed for bankruptcy.
• In re Vill. Props., Ltd. v. Vill. Props., Ltd.
  723 F.2d 441· 5th Cir.· 1984-01-27 ·cited 12×
  Under the Bankruptcy Code of 1978, a mortgagee of Texas property with a deed of trust containing a collateral assignment of rents provision does not have a secured interest in rents collected by the mortgagor between default and foreclosure unless affirmative steps are taken to p
• E. Penn Nicholson for the Est. of Carolee's Combine, Inc. v. First Inv. Co. & Bill Beltzer
  705 F.2d 410· 11th Cir.· 1983-05-16 ·cited 12×
  The court held that a transfer of funds from a bankrupt corporation to a creditor, which occurred when the creditor exchanged corporate checks for cashier's checks, constituted a voidable preference under Section 60 of the Bankruptcy Act because the creditor had reasonable cause
• Commercial Credit Corp. v. Skutt
  341 F.2d 177· 8th Cir.· 1965-02-11 ·cited 12×
  The court held that a creditor lacks standing to oppose an involuntary bankruptcy petition and that a trustee has the authority to seek modification of prior orders affecting the bankrupt estate.
• In re Graham v. Graham
  747 F.2d 1383· 11th Cir.· 1984-12-04 ·cited 11×
  The bankruptcy court had jurisdiction to hear the fraudulent conveyance action during the stay period following Northern Pipeline, and the defendants were not entitled to a jury trial.
• In re First Colonial Corp. OF Am. First Colonial Corp. OF Am. v. Am. Benefit Life Ins. Co.
  693 F.2d 447· 5th Cir.· 1982-12-06 ·cited 11×
  The court held that the bankruptcy court did not err in directing the trustee to deliver surplus assets to a state-appointed receiver after the estate was fully administered.
• Schultz Broadway INN v. United States
  912 F.2d 230· 8th Cir.· 1990-08-21 ·cited 10×
  Governmental claims for non-pecuniary loss tax penalties can be subordinated to claims for actual losses of other general unsecured creditors under the Bankruptcy Code's equitable subordination provisions, even without evidence of bad faith.
• Paul D. Pearlstein for Sardis, Inc. v. U.S. Small Bus. Admin. Appeal of Dist. of Columbia Gov't
  719 F.2d 1169· D.C. Cir.· 1983-10-14 ·cited 10×
  The court held that the priority of liens in bankruptcy, including tax liens, is determined by applicable nonbankruptcy law, not by federal 'first in time' principles unless explicitly stated.
• In re Trigg v. The United States
  630 F.2d 1370· 10th Cir.· 1980-09-15 ·cited 10×
  The filing of a Chapter XI petition does not automatically stay the termination of an oil and gas lease due to the debtor's failure to pay timely delay rentals, nor does the bankruptcy court have inherent equitable power to reinstate a lease that has already terminated by its own
• In re Fid. Mortg. Invs. v. The Admin. Off. OF the United States Courts
  690 F.2d 35· 2d Cir.· 1982-08-23 ·cited 9×
  The court held that the Judicial Conference's fee schedule, established under the Referees' Salary Act, is not subject to the Administrative Procedure Act's rulemaking provisions and that the fees charged were lawful.
• Zack Stamp v. Ins. Co. OF N. Am.
  908 F.2d 1375· 7th Cir.· 1990-07-23 ·cited 8×
  The court held that pre-bankruptcy debts and credits within a reinsurance pool are mutual and can be set off, and that the cancellation of policies and return of unearned premiums to policyholders constituted a voidable preference.
• In re Lawler v. Teofan
  807 F.2d 1207· 5th Cir.· 1987-01-14 ·cited 8×
  The court held that the bankruptcy court abused its discretion by applying the contingency factor to the entire period of representation, when a substantial portion of the work was non-contingent, and reduced the fee award accordingly.
• In re O'Connor v. O'Connor
  808 F.2d 1393· 10th Cir.· 1987-01-12 ·cited 8×
  Whether a debtor has provided adequate protection for the use of cash collateral is a question of fact reviewed under the clearly erroneous standard, and the district court erred by failing to apply this standard.
• In re Boston & Me. Corp. v. Sheehan, Phinney, Bass & Green, P.A.
  778 F.2d 890· 1st Cir.· 1985-10-15 ·cited 8×
  The court held that the district court abused its discretion by applying the lodestar method to a hybrid fee arrangement that was agreed upon by the parties and reasonable under the circumstances, and that the ICC's approval of the fee should have been given due weight.
• In re Frigitemp Corp. v. Alpha Assocs., Inc.
  753 F.2d 230· 2d Cir.· 1985-01-16 ·cited 8×
  The 'running account' defense to preference liability, judicially created under prior bankruptcy law, did not survive the 1903 amendments to the Bankruptcy Act and is no longer a valid defense.
• In re Mooney Aircraft, Inc. v. Foster
  730 F.2d 367· 5th Cir.· 1984-04-23 ·cited 8×
  The bankruptcy court lacked jurisdiction to enjoin tort claims against a successor corporation because the claims did not exist at the time of the bankruptcy sale and were not encompassed by the bankruptcy court's prior orders.
• Chippenham Hosp., Inc. v. Bondurant
  716 F.2d 1057· 4th Cir.· 1983-09-07 ·cited 8×
  A debtor cannot exempt entireties property from a joint debt if state law permits creditors to reach that property.
• Citation Cycle Co., Inc. v. Yorke
  693 F.2d 691· 7th Cir.· 1982-11-23 ·cited 8×
  The court held that Citation's appeal was barred by the doctrines of estoppel and laches due to its prolonged delay and inconsistent litigation tactics, affirming the district court's dismissal.
• In re Triangle Labs., Inc. v. Halvajian
  663 F.2d 463· 3d Cir.· 1981-10-30 ·cited 8×
  A bankruptcy termination clause in a lease is enforceable under the old Bankruptcy Act if the lease was validly terminated before the effective date of the Bankruptcy Code, and the determination of such termination must be made by the bankruptcy court.
• Pope & Cottle Co. v. Fairbanks Realty Tr.
  124 F.2d 132· 1st Cir.· 1941-12-19 ·cited 8×
  The court held that the Fairbanks Realty Trust, lacking transferable certificates of beneficial interest and not being organized for business purposes akin to a corporation, is not a 'corporation' or 'unincorporated company' subject to involuntary bankruptcy under the Bankruptcy
• In re Beck Indus., Inc. v. Kirschenbaum
  725 F.2d 880· 2d Cir.· 1984-01-16 ·cited 7×
  The bankruptcy court has the power to authorize a trustee to appear in state court litigation concerning the estate's property, but the inclusion of punitive damages claims in such litigation may constitute an abuse of discretion.
• In re Chicago
  713 F.2d 274· 7th Cir.· 1983-07-15 ·cited 7×
  The court held that the reorganization court had jurisdiction to interpret the labor protection agreement and that the March 4, 1980 agreement was intended to be exclusive, barring claims for statutory benefits by Burlington employees not covered by the agreement. The court also
• In re Colony Square Co. v. Prudential Ins. Co. OF Am.
  779 F.2d 653· 11th Cir.· 1986-01-10 ·cited 6×
  The automatic stay provision of the Bankruptcy Reform Act of 1978 did not prevent enforcement of a plan commenced under the former Bankruptcy Act, and mismanagement claims must be brought separately.
• In re Harold C. Abramson. Harold C. Abramson in Bankr. of Galaxy Indus., Inc. v. ST. Regis Paper Co.
  715 F.2d 934· 5th Cir.· 1983-09-26 ·cited 6×
  The court held that the transfer of Galaxy's option and support equipment to Southland constituted an avoidable preference under § 60 of the Bankruptcy Act, as it resulted in a diminution of the bankrupt estate and Southland had reasonable cause to believe Galaxy was insolvent.
• In re Reading Co.
  711 F.2d 509· 3d Cir.· 1983-06-16 ·cited 6×
  The court held that the reorganization court lacked summary jurisdiction, but the district court had diversity jurisdiction. The court further held that Trailer Train did not breach its fiduciary duty to Reading under the business judgment rule.