Circuit Court of Appeals Cases for Last Week

5th Circuit Court of Appeals, August 18, 2008
In the Matter of N A Flash Found. Inc., --- F.3d ---, 2008 WL -------(5th Cir. 2008)(there is no preference where creditor was a beneficiary of a construction trust fund of which debtor was trustee, and would be entitled to full recovery of the funds transferred, even in a Chapter 7 proceeding)

7th Circuit Court of Appeals, August 19, 2008
In re Holland, --- F.3d ---, 2008 WL -------(7th Cir. 2008)(district court order on appeal from bankruptcy court is not final and appeal is dismissed where district court ruled that Florida law applied and remanded to bankruptcy court, without deciding whether Florida law granted an exemption)

8th Circuit Court of Appeals, August 22, 2008
Henning v. Mainstreet Bank, --- F.3d ---, 2008 WL -------(8th Cir. 2008)(bank not required to release lien on debtor's home per terms of the contract)

9th Circuit Court of Appeals, August 21, 2008
In re Cellular 101, Inc., --- F.3d ---, 2008 WL -------(9th Cir. 2008)(A party's failure to timely inform the court of appeals of a settlement that it believes disposes of a pending appeal precludes the party from asserting the affirmative defense of settlement and release in a later proceeding)

9th Circuit Court of Appeals, August 22, 2008
In the Matter of Ferrell, --- F.3d ---, 2008 WL -------(9th Cir. 2008)(Statutory damages are not available for violations of provisions of the Truth in Lending Act (TILA))

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