Bankruptcy Act Of 1898

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

• Provencher v. Berman
  699 F.2d 568· 1st Cir.· 1983-02-03 ·cited 6×
  The court held that the trustee was entitled to an undivided proportionate interest in the property, not a money judgment, and that the bankruptcy court erred in attempting to partition the property under the old Bankruptcy Act.
• Whitlock v. Hause
  694 F.2d 861· 1st Cir.· 1982-12-01 ·cited 6×
  The court held that the bankruptcy court properly denied the Hauses' demand for a jury trial and correctly determined that the conveyance was a fraudulent transfer lacking fair consideration.
• In re Schwen's, Inc. v. Lovett
  693 F.2d 48· 8th Cir.· 1982-11-18 ·cited 6×
  The court held that the equipment in dispute was not a fixture under Minnesota law, and thus not subject to the creditor's lien.
• In re Fashion Optical, Ltd. v. Gebetsberger
  653 F.2d 1385· 10th Cir.· 1981-07-14 ·cited 6×
  The court held that the fraudulent conveyance claim must be analyzed under the Uniform Fraudulent Conveyance Act, not the repealed statute, and that the true lease versus security interest determination requires evidence of the equipment's fair market value at the time of the pur
• In re Schwab v. Schwab
  613 F.2d 1279· 5th Cir.· 1980-03-17 ·cited 6×
  The court held that the bankruptcy court retained jurisdiction to disallow secured status to a portion of a claim, and that the creditor's security interest in growing crops was not perfected due to insufficient description of the real estate in the financing statement under Colo
• In re Boissonnault
  415 F.2d 1371· 1st Cir.· 1969-10-06 ·cited 6×
  The court held that a bankruptcy discharge could be modified to exclude debts that were not dischargeable due to prior proceedings, even after the discharge was granted.
• Vogel v. Mohawk Elec. Sales Co.
  126 F.2d 759· 2d Cir.· 1942-03-17 ·cited 6×
  Debts incurred by a debtor operating under an arrangement, after confirmation but during the period the court retains jurisdiction, are entitled to priority over pre-confirmation debts if the arrangement proceeding is dismissed due to the debtor's default.
• Gorenz v. State of Ill. Dep't of Agric.
  653 F.2d 1179· 7th Cir.· 1981-07-15 ·cited 5×
  The bankruptcy court cannot summarily adjudicate claims to property not in its possession unless the claimant's claim is unsubstantial and without color of merit.
• In re Consolidated Motor Inns v. BVA Credit Corp.
  632 F.2d 1178· 5th Cir.· 1980-12-15 ·cited 5×
  The court held that Bankruptcy Act § 5(j) is inconsistent with Chapter XII and therefore inapplicable, meaning the discharges of individual partners agreed to under the confirmed plan were valid.
• In re Chicago
  974 F.2d 775· 7th Cir.· 1992-08-18 ·cited 4×
  The court held that Washington State Department of Transportation (WSDOT) had a claim or contingent claim that should have been filed before the bankruptcy bar date, and thus its CERCLA claim against Milwaukee Road's successor was discharged.
• In re Hunter
  970 F.2d 299· 7th Cir.· 1992-07-28 ·cited 4×
  The court held that entirety property enters the bankruptcy estate under § 541, is exempted under Indiana law, and is protected from post-discharge proceedings by the § 524 injunction.
• In re Childress v. Aurora Nat'l Bank
  851 F.2d 926· 7th Cir.· 1988-07-07 ·cited 4×
  The court held that the plaintiff's adversary complaint, treated as a motion for relief under Federal Rule of Civil Procedure 60(b), was untimely and therefore properly dismissed.
• In re John and Rosemary Gorski
  766 F.2d 723· 2d Cir.· 1985-07-03 ·cited 4×
  A Chapter XIII trustee has a fiduciary duty to oversee the debtor's compliance with the plan and take action upon default, and can be surcharged for breach of this duty.
• In re Lemmons & Co., Inc. v. Frank J. Folz for Lemmons & Co., Inc.
  742 F.2d 1064· 7th Cir.· 1984-08-24 ·cited 4×
  A district judge who presides over a bankruptcy adversary proceeding trial retains jurisdiction to enter judgment even after administratively transferring the underlying bankruptcy case to a bankruptcy judge.
• In re Holiday Mart, Inc. v. Holiday Mart, Inc.
  715 F.2d 430· 9th Cir.· 1983-09-06 ·cited 4×
  The court held that claims of subordinated debenture holders, even if they were fraudulently induced to purchase the debentures, should be subordinated to the claims of general unsecured trade creditors without requiring proof of reliance by the creditors.
• In re Ashe v. United States
  712 F.2d 864· 3d Cir.· 1983-07-08 ·cited 4×
  The court held that a judicial lien created by a cognovit note is not 'property' under Pennsylvania law, thus the Fifth Amendment's takings clause does not apply to its retrospective avoidance. However, a perfected judicial lien via a writ of execution does constitute property.
• In re Gary Aircraft Corp. v. United States
  698 F.2d 775· 5th Cir.· 1983-02-25 ·cited 4×
  The bankruptcy court improperly exercised its jurisdiction by liquidating government contract claims instead of deferring to the Armed Services Board of Contract Appeals (ASBCA).
• In re Riverside Inv. P'ship
  674 F.2d 634· 7th Cir.· 1982-03-22 ·cited 4×
  The court vacated the district court's judgment and remanded for redetermination of whether property sales were 'free and clear of' or 'subject to' liens, and how this impacts the calculation of 'net proceeds realized' for fee assessment.
• Stuhley v. Hyatt
  667 F.2d 807· 9th Cir.· 1982-02-08 ·cited 4×
  A bankrupt's prior criminal acts in other bankruptcy proceedings do not justify denying discharge of all debts in the current proceeding unless the bankrupt had substantial identity with the prior bankrupt.
• In re D.C. Sullivan & Co., Inc. v. Robinson
  929 F.2d 1· 1st Cir.· 1991-03-26 ·cited 2×
  The IRS is entitled to post-petition interest on its secured tax claim because the debtor's estate ultimately proved solvent, and there are no overriding equitable considerations to prevent it.
• In re THC Fin. Corp. v. THC Fin. Corp.
  837 F.2d 389· 9th Cir.· 1988-01-19 ·cited 2×
  The court held that a lobbyist hired by a bankrupt estate must obtain prior court approval for services, and retroactive awards are only granted in exceptional circumstances with a satisfactory explanation and benefit to the estate.
• In re Shoreline Concrete Co., Inc. v. United States
  831 F.2d 903· 9th Cir.· 1987-11-04 ·cited 2×
  The court held that a debtor forced into liquidation owes the higher statutory fees, even if assets were liquidated before conversion, as equity cannot override express statutory commands.
• In re Progressive Farmers Ass'n v. Farrington
  829 F.2d 651· 8th Cir.· 1987-09-23 ·cited 2×
  The court held that the seller waived the right to declare forfeiture for late payments by consistently accepting them without objection, and that the seller's failure to provide marketable title constituted a material breach justifying rescission.
• Lawson F. Bernstein in Bankr. of Frigitemp Corp. v. S. Cent. Bell Tel. Co.
  730 F.2d 987· 5th Cir.· 1984-04-26 ·cited 2×
  The court held that the trustee failed to prove by a preponderance of the evidence that the creditor (Bell) had reasonable cause to believe the debtor (Frigitemp) was insolvent at the time of the alleged preferential transfer.
• In re Bankruptcy of David M. Posner v. Tabone
  700 F.2d 1243· 9th Cir.· 1983-03-07 ·cited 2×
  The court held that the bankruptcy court and district court did not err in voiding a state court judgment obtained in violation of the automatic stay provisions of Bankr. Rule 401.
• Edward J. Heller in Bankruptcy of H.D. Montgomery, Jr. v. Montgomery
  699 F.2d 399· 7th Cir.· 1983-02-03 ·cited 2×
  This court lacks jurisdiction to directly review a bankruptcy judge's decision under the Bankruptcy Act of 1898; appeals must first go to the district court.
• In re Glass v. Ark. River Valley Grain Drying Coop. & Lonoke Prod. Credit Ass'n
  692 F.2d 55· 8th Cir.· 1982-11-02 ·cited 2×
  A security interest in an instrument, like the delivery debenture at issue, can be perfected by the secured party's possession under the Uniform Commercial Code.
• Chull Wook KIM v. Cochenour
  687 F.2d 210· 7th Cir.· 1982-08-27 ·cited 2×
  A federal securities fraud claim, which is a tort claim, is not a provable debt under the Bankruptcy Act of 1898 and therefore does not need to be presented to the bankruptcy court for a dischargeability determination.
• Reese v. Akai Am. Ltd.
  19 B.R. 83· S.D. Fla.· 1982-03-30 ·cited 2×
  The court held that payments made by Kennedy and Cohen to vendors within four months of bankruptcy constituted voidable preferences because the vendors had reasonable cause to believe the company was insolvent.
• In re Cummins v. Grover
  656 F.2d 1262· 9th Cir.· 1981-02-12 ·cited 2×
  A statutory tax lien on personal property is invalid against a bankruptcy trustee if it is not enforceable against a bona fide purchaser at the time of bankruptcy. Such a claim is limited in priority to the value of the property against which the taxes were levied and cannot be a
• In re Murdock Mach. & Eng'g Co. OF Utah v. Logan A. Bagley
  990 F.2d 567· 10th Cir.· 1993-04-06
  The court held that any error in the bankruptcy court's denial of the government's claim was harmless because the estate's only asset was the claim against the government, and the ASBCA had already determined there was no net balance owing to the government.
• In re Luster
  981 F.2d 277· 7th Cir.· 1992-11-30
  Net operating loss carryforwards are not 'property' of a bankruptcy estate under the Bankruptcy Act of 1898 because they are not transferable outside of bankruptcy.
• In re Paeplow
  972 F.2d 730· 7th Cir.· 1992-08-10
  A creditor cannot pursue an in rem action against a debtor's entirety property post-discharge if they failed to obtain a judicial lien against that property prior to the discharge.
• In re J.T.R. Corp. v. The Harford Mut. Ins. Co.
  958 F.2d 602· 4th Cir.· 1992-03-05
  The court held that arson committed by a debtor-in-possession after filing a bankruptcy petition does not bar recovery of insurance proceeds by the estate, and that prejudgment interest is not warranted when the amount due is genuinely disputed and unliquidated.
• In re Transcon. Energy Corp. v. United States Dep't OF Energy
  950 F.2d 733· Temp. Emer. Ct. App.· 1991-10-31
  The court held that the Department of Energy's claim for crude oil overcharges, based on statutory violations, should not be subordinated as a penalty, but allowed as an unsecured claim.
• Newman v. First Sec. Bank OF Bozeman
  887 F.2d 973· 9th Cir.· 1989-10-20
  A secured creditor is not required to file a proof of claim in bankruptcy proceedings to retain its lien on collateral.
• In re Colony Square Co. v. Prudential Ins. Co. OF Am.
  788 F.2d 739· 11th Cir.· 1986-05-06
  The court held that the bankruptcy court did not abuse its discretion in enjoining the debtor from filing actions affecting the subject property and properly dismissed the debtor's Chapter 11 case due to the bankruptcy court's prior exclusive jurisdiction.
• Fred W. Garver in Bankr. for Atlas Indus., Inc. v. N.L. Bassford
  753 F.2d 976· 11th Cir.· 1985-02-21
  A bankruptcy trustee can recover the value of goods transferred post-petition to satisfy a pre-petition debt, even without the transferee's knowledge of the bankruptcy, if the transfer was made without court authority.
• Hogue v. Milodon Eng'g, Inc.
  736 F.2d 989· 4th Cir.· 1984-06-20
  A bankruptcy court has jurisdiction to enjoin defendants residing outside its territorial district from prosecuting actions against a debtor discharged in proceedings before it, provided service of process is authorized by federal rule and compatible with due process.
• In re BSC Audio, Inc. v. Ins. Co. OF N. Am.
  721 F.2d 224· 8th Cir.· 1983-11-10
  The bankruptcy court lacked summary jurisdiction to adjudicate a debtor's chose in action against a third party, even if the chose in action was constructively possessed by the bankruptcy court, unless the third party consented.
• Flournoy v. City Fin. OF Columbus, Inc.
  679 F.2d 821· 11th Cir.· 1982-06-14
  A secured creditor who repossesses a debtor's automobile through self-help is not a 'custodian' under the Bankruptcy Act, and thus is not required to deliver possession to the bankruptcy trustee.
• Theatre Holding Corp. v. Mauro
  681 F.2d 102· 2d Cir.· 1982-06-01
  The court affirmed the lower court's order, finding that although the bankruptcy court may have erred in setting a short deadline, the passage of time and the debtor's continued failure to propose a reorganization plan rendered the appeal moot.
• In re Fiberglass Specialty Co., Inc. v. Bor-Son Constr., Inc.
  678 F.2d 78· 8th Cir.· 1982-05-19
  The bankruptcy court lacked jurisdiction to adjudicate the parties' rights to funds retained by the general contractor because the subcontractor only possessed a chose in action, not a property interest, in those funds.
• In re Bailey's Beauticians Supply Co.
  671 F.2d 1063· 7th Cir.· 1982-03-09
  A bankruptcy court has the power to dismiss an involuntary petition under the Bankruptcy Act of 1898 when doing so will enhance the rights of the creditors, and such a decision is reviewed for abuse of discretion.
• In re Consolidated Motor Inns v. BVA Credit Corp.
  666 F.2d 189· 5th Cir.· 1982-01-22
• In re the Magnavox Co. & Sanders Assocs.
  627 F.2d 803· 7th Cir.· 1980-08-01
  A claim for patent infringement is a tort and therefore not provable in bankruptcy under the old Bankruptcy Act, and thus not dischargeable.
• In re Dolleslager v. Dolleslager
  618 F.2d 322· 5th Cir.· 1980-06-02
  The court held that dismissal of the bank's complaint was an abuse of discretion because the severe sanction was disproportionate to the bank's procedural defaults, and less severe sanctions were available.
• In re Lynn v. Edgar and William H. Edgar
  617 F.2d 1171· 5th Cir.· 1980-05-29
  A party waives objection to a bankruptcy court's summary jurisdiction if not raised in a timely motion or answer, and this waiver cannot be revived by a subsequent amendment.