This is the district court order adopting the magistrate judge's recommendations & affirming the June 30, 1980, order of the bankruptcy court which denied defendant's motion to reconsider an order staying the enforcement of a previously entered judgement.
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Aaron Ferer & Sons Co. v. Williams & Glyn's Bank Ltd. (In re Aaron Ferer & Sons Co.), BK74-O-482,CV83-O-507 04/17/198104/17/1981
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Aaron Ferer & Sons Co. v. ASARCO (In re Aaron Ferer & Sons Co.),BK74-O-482 04/14/198104/14/1981
The court denied ASARCO's motion for protective order, ruling that discovery would not be unduly burdensome for ASARCO and holding that discovery is necessary to help preserve records and evidence that might otherwise be lost through the passage of time
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Helen Frasier v. Merle Frasier (In re Merle Frasier), BK80-1371, A80-363 04/13/198104/13/1981
Bankruptcy court is not the place to attempt to modify a divorce decree and property settlement. The order clarifies previous fact findings that debtor’s ex-wife has no property interest in crops and her interest in real estate is adequately protected
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Robert Shearon, BK80-197 04/13/198104/13/1981
Reported at 10 B.R. 626. The priorities under 11 U.S.C. sec. 507(a) for employee wage and benefit claims should be construed to enforce the stated legislative intent of giving “comprehensive priority treatment to all forms of employee compensation”
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Merle Frasier, BK80-1371 04/13/198104/13/1981
Debtor’s former wife took steps to obtain property of the estate for her own benefit, which the court viewed as a “flagrant” interference with the bankruptcy process and the authority of the court and which may warrant the imposition of sanctions
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Glen & Janene Goosey v. McDonald State Bank (In re Goosey), BK80-427, A80-287 04/13/198104/13/1981
Reported at 10 B.R. 285. Debtor’s vehicle was used extensively in and was necessary to his continued employment as a traveling insurance salesman, so it was exempt as a tool of the trade for lien avoidance purposes under 11 U.S.C. section 522(d)(6)
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Northwestern Nat'l Bank . James Stumpf, Trustee (In re D Corp.), BK81-262, A81-117 04/06/198104/06/1981
Creditors disputed the relative priority of their Article 9 security interests. The court found that the holder of a purchase-money security interest did not timely perfect its interest, so the lender’s security interest took priority over the PMSI
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Williams & Glyn's Bank, Ltd. v. Aaron Ferer & Sons Co. (In re Aaron Ferer & Sons Co.), BK74-O-482, CV80-O-613 04/03/198104/03/1981
Report and recommendation from magistrate judge recommending affirmance of the bankruptcy court’s order of Sept. 11, 1980, granting defendants’ motion for summary judgment and refusing to grant relief from the stay to pursue a state-court lawsuit
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Report & Recommendation on appeal in Aaron Ferer & Sons Co. v. Williams & Glyn's Bank Ltd. (In re Aaron Ferer & Sons Co.), BK74-O-482, CV80-O-507 04/03/198104/03/1981
On appeal of bankruptcy court's 6/30/80 order denying motion to reconsider stayed enforcement of a judgement, the magistrate judge recommended affirmance of the order because, contrary to def's argument, the bankruptcy court had jurisdiction to enter a stay
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Tonka Mills, Inc. v. Robert & Donna Seamark (In re Seamark), BK80-1761, A81-78 04/01/198104/01/1981
On motion to dismiss complaint for untimely filing, the controlling date is the date the complaint was originally filed, even if it wasn't accompanied by the appropriate filing fee, so the complaint was timely filed despite having been returned by clerk