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
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United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
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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"
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
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
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)
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
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