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September 12, 2008

Circuit Court of Appeals Cases for Last Week

(or the week before I should say - I've been busy - 3 chapter 11s this week, all people who don't qualify for chapter 13 trying to save real property)

7th Circuit Court of Appeals, September 02, 2008
Freeland v. Enodis Corp., --- F.3d ---, 2008 WL 4053032 (7th Cir. 2008)(fraudulent coveyance actions remanded for further findings)

8th Circuit Court of Appeals, September 04, 2008
Milavetz, Gallop & Milavetz v. US, --- F.3d ---, 2008 WL 4068448 (8th Cir. 2008)(attorneys providing bankruptcy assistance are "debt relief agencies" and section 526(a)(4) is unconstitutional as applied to these attorneys but sections 528(a)(4) and (b)(2) are constitutional)

9th Circuit Court of Appeals, September 04, 2008
Burkhart v. Coleman, In re Tippett, --- F.3d ---, 2008 WL 4070690 (9th Cir. 2008)(unauthorized post-bankruptcy sale of real property causes title to rest with the purchaser, not the bankruptcy estate, where: 1) the chapter 7 trustee failed to record the petition; and 2) a bona fide purchaser bought and recorded title in the property)

Thanks to Findlaw.com

September 12, 2008 in Other Circuit Briefs | Permalink


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