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Bankruptcy Attorneys Serving Central California Since 1970


		Friday, May 16, 2008

News

Top Headlines
[05/15] California Supreme Court overturns gay marriage ban
[05/15] Woman indicted in Missouri MySpace suicide case
[05/15] First music download trial may get a do-over
[05/15] Icahn to Yahoo board: Sell to Microsoft or leave
[05/15] Battle over swimsuits moves to the courtroom
More...

Financial Services
[05/15] Santander Bancorp Reports Earnings for the Quarter Ended March 31, 2008
[05/15] SEDONA Corporation Announces First Quarter 2008 Operating Results
[05/15] GAINSCO Reports 1st Quarter 2008 Results
[05/15] Bahrain Economic Development Board Announces Delegation to World Economic Forum on Middle East
[05/15] Epstein Becker & Green's Jon A. Sale Appointed to Sen. McCain's Presidential Campaign Justice Advisory Committee
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Tax
[05/15] House members debate surtax to fund veterans' education
[05/15] Contractors, insurance firms gouging taxpayers, panel says
[05/08] Many businesses didn't claim tax refund
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Case Summaries

Bankruptcy Law

[05/15] In re: Resource Tech. Corp.
In a bankruptcy proceeding in which plaintiffs sought to be assigned a contract bankruptcy debtor had with a third party, bankruptcy court's denial of a motion to compel the trustee to assume the contract and then assign it is affirmed where: 1) the court did not improperly consider whether the contract between the debtor and the third party had expired in order to determine if the trustee could assume the contract without being subject to sanctions under Rule 9011; 2) orders extending the time for the trustee to assume or reject the contract were not a basis to contend that the contract had not expired; 3) third party was not estopped from asserting that the contract had expired; and 4) there was no need for an evidentiary hearing to determine whether the contract had expired.

[05/14] In re: M & S Grading, Inc.,
In an appeal following a bankruptcy court's denial of a motion to require a Chapter 7 bankruptcy trustee to show cause why he should not be found in contempt for failing to pay contributions ordered while the debtor's case was in Chapter 11, the appeal is dismissed for lack of jurisdiction where: 1) the bankruptcy court's order denying a motion to show cause was not a final appealable order; and 2) the order did not qualify as a collateral order, for purposes of the collateral order doctrine.

[05/06] In re: Slatkin
Summary judgment in favor of bankruptcy trustee, avoiding under 11 U.S.C. section 548(a) and California Civil Code section 3439.04(a) certain transfers made by the debtor during his operation of a Ponzi scheme, is affirmed where: 1) the bankruptcy court did not abuse its discretion in denying appellants-investors' motion for a continuance to conduct further discovery; 2) investors' right to a jury trial was not violated by the grant of summary judgment; 3) the bankruptcy court properly determined that debtor acted with the actual intent to "hinder, delay, or defraud" his creditors; 4) a determination that debtor was not a "stockbroker" under the Bankruptcy Code was proper; and 5) prejudgment interest was properly awarded.
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Should I list my monthly obligations, like my utility bills, in my bankruptcy case if I am current on such payments?

Generally no. If the debtor is current on his or her payment of certain monthly obligations such as utility bills, there is no point in listing the utility company as a creditor. In fact, by listing it as a creditor, it might prompt the utility company to demand a deposit for future services.