Bankruptcy Act case regarding dischargeability under section 17(a)(2). The debtor obtained property deeds from the plaintiffs under false pretenses using false representations, so the court found the debt owed to the plaintiffs to be non-dischargeable
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Court granted the defendant's motion to interplead additional parties who may have an interest in the money it held. However, the court deferred resolution of the question of whether the defendant was entitled to recover attorneys' fees for its efforts
Debt is non-dischargeable under 11 U.S.C. sec. 523(a)(2) for fraud/false pretense or representation. Plaintiff bought a vehicle from debtor & paid with a check. Debtor did not deliver the vehicle title & instead used the check proceeds to pay other debts
Reported at 12 B.R. 679. Ch. 13 plans can be confirmed when debtors make reasonable efforts to make reasonable payments to creditors, as determined on a case-by-case basis. Legitimate plans can be confirmed even though unsecured creditors receive nothing
This was a pre-Code case. Under the Bankruptcy Act, the six-month period for filing claims was an absolute bar date. In contrast to the Bankruptcy Code, the provisions of the Bankruptcy Act gave the court no discretion to allow late-filed claims
This is the district court order adopting the magistrate judge's recommendations & affirming the June 30, 1980, order of the bankruptcy court which denied defendants' motion to reconsider an order staying the enforcement of a previously entered judgment
Reported at 10 B.R. 469. Under the Copyright Act, the debtor's authorized use of the plaintiff's drawing of a skunk caused it to enter the public domain and led to forfeiture of the plaintiff's copyright. Debtor therefore was able to copyright the drawing
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.
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
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"