Where forex contract accounts can be comingled, and used to pay the futures commissions merchant’s liabilities, they are not considered “customer property” deserving priority over all other...
Affirms entry of summary judgment in favor of debtor/company in WARN Act class action suit & adopts 5th Circuit ruling in Halkias v. Gen'l Dynamics Corp. that mass layoffs must be probable, not...
Affirming the bankruptcy court's denial of the appellant's motion for relief from stay that would allow the appellant to prosecute a state mandamus action that the appellant had brought on behalf...
California personal property tax liens may be avoided in bankruptcy even if the tax collector records tax delinquency certificates ("Tax Certificates") with the appropriate County Recorder because...
Judge(s):
WARDLAW, CALLAHAN, GORDON J. QUIST (W.D. Mich., sitting by designation)
Debtors exempted an IRA. After the onjection to exemption deadline expired, they withdrew finds from the IRA. However, they did not "roll over" the withdrawn funds into a replacement IRA, as...
Where a debtor’s interest in a trust vests prior to filing bankruptcy, the property belongs to the bankruptcy estate and is thus not exempted under 11 U.S.C. §522.
Oil producers failed to perfect their security interests in extracted oil under state law and/or the downstream purchasers of that oil acquired the oil free and clear of any security interests as...
1. Trial evidence that debtor (Corwin) cause companies that he controlled to use contracts containing language contrary to Texas tax lien foreclosure law was sufficient to establish that Corwin had...
Trustee seeking to sell residence cannot force Debtor to vacate premises while Trustee attempts to sell property merely by tendering to Debtor the value of Debtor's claimed exemption.
