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August 31, 2008

Circuit Court of Appeals Cases for Last Week

5th Circuit Court of Appeals, August 27, 2008
Campbell v. Countrywide Home Loans Inc., --- F.3d ---, 2008 WL 3906382 (5th Cir. 2008)(Countrywide did not violate the automatic stay)

5th Circuit Court of Appeals, August 29, 2008
In the Matter of SI Restructuring, Inc., --- F.3d ---, 2008 WL 3974311 (5th Cir. 2008)(bankruptcy court's order granting a plan administrator's motion authorizing disbursal of a reserve fund is vacated and remanded)

6th Circuit Court of Appeals, August 26, 2008
In re Hamilton, --- F.3d ---, 2008 WL 3905437 (6th Cir. 2008)(violation of 524(a) makes a state-court judgment void)

8th Circuit Court of Appeals, August 26, 2008
In re Porter, --- F.3d ---, 2008 WL 3897513 (8th Cir. 2008)(bankruptcy court correctly gave collateral estoppel effect to state court judgment re willful and malicious injury)

8th Circuit Court of Appeals, August 29, 2008
PW Enterprises v. North Dakota Racing Commission, In re Racing Services, Inc. --- F.3d ---, 2008 WL 3981809 (8th Cir. 2008)(creditor may obtain derivative standing to pursue avoidance actions under circumstances in which the trustee (or debtor-in-possession) either unjustifiably refuses to bring the creditor's proposed claims or consents to the creditor pursuing such claims in his stead)

Thanks again to Findlaw.com

August 31, 2008 in Other Circuit Briefs | Permalink

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