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September 19, 2008

Circuit Court of Appeals Cases for Last Week

3rd Circuit Court of Appeals, September 09, 2008
In re Schaefer Salt Recovery, Inc., --- F.3d ---, 2008 WL -------- (3rd Cir. 2008)(authority of Bankruptcy Court to issue sanctions under 28 U.S.C. 1927)

5th Circuit Court of Appeals, September 12, 2008
In the Matter of Soza, --- F.3d ---, 2008 WL -------- (5th Cir. 2008)(purchase of annuity one day before bankruptcy represented a payment made in fraud of a creditor)

7th Circuit Court of Appeals, September 12, 2008
In re Willett, --- F.3d ---, 2008 WL -------- (7th Cir. 2008)(in 522(f) motion, court must value residence as of the date that interest becomes part of the bankruptcy estate)

8th Circuit Court of Appeals, September 09, 2008
In re M & S Grading, Inc., --- F.3d ---, 2008 WL -------- (8th Cir. 2008)(pension plan sues to collect unpaid contributions under various theories, 1) unpaid contributions owed to the plans were not employee contributions because the contributions were not withheld from employees' paychecks; 2) thus, the unpaid contributions remained corporate assets and did not become assets of the plan; 3) trustee's failure to assert a claim against the bank was justified; 4) there was no abuse of discretion in not granting an equitable subordination claim; and 5) plans' motion for removal of the bankruptcy trustee was properly denied without a hearing)

10th Circuit Court of Appeals, September 11, 2008
In re Sandoval, --- F.3d ---, 2008 WL -------- (10th Cir. 2008)(debt not non-dischargeable under 523(a)(7) where debtor guaranteed a bail bond to a bondsman in the event a criminal defendant jumps bail)

Thanks again to Findlaw.com

September 19, 2008 in Other Circuit Briefs | Permalink

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