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Bankruptcy | Case Law | Miscellaneous
MISCELLANEOUS
In re Consolidated Freightways Corp., 443 F.3d 1160 (9th Cir. 2006)
A federal common law rule for imposing constructive trusts on interline balances among
carriers was not justified. State law would govern to determine interline balances.
In re Emerald Outdoor Advertising, LLC, 444 F.3d 1077 (9th Cir. 2006)
Deed of trust on Indian trust lands recorded perfected in accordance with Washington law
had priority over subsequent lease recorded in appropriate Bureau of Indian Affairs title plant.
In re Marshall, 547 U.S. 293, 126 S.Ct. 1735 (2006)
Probate exception did not apply to deprive bankruptcy court of jurisdiction over widow’s
claim that her stepson tortiously interfered with her expectancy of inheritance
In re Bryan, 261 B.R. 240 (9th Cir. B.A.P. 2001)
Genuine issue of material fact existed as to when complaint was submitted to bankruptcy
court for filing. Court had a drop box system whereby anything left in the box “would be timestamped
with that day’s date.”
In re Bigelow, 179 F.3d 1164 (9th Cir. 1999)
In bankruptcy case, corporation’s notice of appeal was not per se invalid for being filed by
corporate officer, instead of by corporation’s counsel of record.
In re Serrato, 117 F.3d 427 (9th Cir. 1997)
Appointed trustee is not an officer of the United States
Hubbard v. U.S., 514 U.S. 695(1995)
Because a “bankruptcy court” is neither a “department” nor an “agency”, statements made
in bankruptcy papers are not covered by 18 U.S.C. § 1001
In re Vasseli, 5 F.3d 351 (9th Cir. 1993)
Bankruptcy court has no authority to award fees for a frivolous appeal
U.S. v. High Country Broadcasting Co., Inc., 3 F.3d 1244 (9th Cir. 1993), cert. denied, 513 U.S.
826 (1994)
Attempt by sole shareholder to intervene so that he could represent corp. was denied.
Rowland v. Cal. Men’s Colony, 506 U.S. 194, 113 S.Ct. 716, 721 (1993)
Corp. may appear only through licensed counsel.
In re Hay, 978 F.2d 555 (9th Cir. 1992)
Failure to include counterclaim as to creditor in amendments to schedules bars suing
creditor postconfirmation
In re Perroton, 958 F.2d 889 (9th Cir. 1992)
Bankruptcy courts are not courts of the U.S. and cannot waive filing fees under 28 U.S.C.
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§1915.
Smith v. Frank, 923 F.2d 139 (9th Cir. 1991)
When is document deemed filed
Bennett v. Williams, 892 F.2d 822 (9th Cir. 1989)
Trustee entitled to qualified immunity.
In re Godfrey, 102 B.R. 769 (9th Cir. B.A.P. 1989)
Pleading “filed” when clerk is given possession of it.
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