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August 17, 2008

Circuit Court of Appeals Cases for Last Week

2nd Circuit Court of Appeals, August 14, 2008
Chartschlaa v. Nationwide Mutual Ins. Co., --- F.3d ---, 2008 WL 3480084 (2nd Cir. 2008)(claims of ormer sellers of insurance policies belong to the bankruptcy estate of former insurance seller)

5th Circuit Court of Appeals, August 12, 2008
In the Matter of United Operating, LLC, --- F.3d ---, 2008 WL 3306724 (5th Cir. 2008)(In a suit following a bankruptcy case alleging mismanagement of debtor's property during reorganization, summary judgment against debtor is affirmed where debtor, in agreeing to the bankruptcy reorganization plan, failed to retain its right to bring a post-confirmation action, and therefore lacked standing)

5th Circuit Court of Appeals, August 12, 2008
In the Matter of Yorkshire LLC, --- F.3d ---, 2008 WL 3306680 (5th Cir. 2008)(sanctions against debtor affirmed where successive cases filed with a bad motive and with no meaningful thought being given to the actual purposes of Chapter 11 bankruptcy)

6th Circuit Court of Appeals, August 11, 2008
Winget v. JP Morgan Chase Bank, N.A., --- F.3d ---, 2008 WL 3268201 (6th Cir. 2008)(dismissal of action against defendant-JP Morgan raising claims of breach of guaranty and pledge agreements and requests for declaratory judgments affirmed for various reasons including res judicata and claims were not reserved in a Sale Order, and thus should have been brought during the bankruptcy proceeding)

6th Circuit Court of Appeals, August 13, 2008
In re HNRC Dissolution Co., --- F.3d ---, 2008 WL 3354269 (6th Cir. 2008)(admin claim filed by a postpetition insurer in Chapter 11 case denied as not an "actual, necessary cost[] and expense[] of preserving the estate")

7th Circuit Court of Appeals, August 13, 2008
In re Comdisco, Inc., --- F.3d ---, 2008 WL 3403053 (7th Cir. 2008)(appeal dismissed re claimants' motion to terminate a trust created as part of the reorganization plan as not a separable dispute subject to appeal as a final order)

8th Circuit Court of Appeals, August 13, 2008
In re W. Iowa Limestone, Inc., --- F.3d ---, 2008 WL 3367569 (8th Cir. 2008)(priority dispute between secured lender and subsequent purchasers under Iowa law)

8th Circuit Court of Appeals, August 14, 2008
Tri-State Fin., LLC v. First Dakota Nat'l Bank, --- F.3d ---, 2008 WL 3477789 (8th Cir. 2008)(dispute over prepayment penalty under South Dakota law)

Thanks again to Findlaw.com

August 17, 2008 in Other Circuit Briefs | Permalink

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