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October 3, 2008

Circuit Court of Appeals Cases from Last Week

1st Circuit Court of Appeals, September 22, 2008
Richmond v. New Hampshire Supreme Court Comm. of Prof'l Conduct, --- F.3d ---, 2008 WL ------ (1st Cir. 2008)(cost assessments from disbarment proceedings non-dischargeable)

2nd Circuit Court of Appeals, September 24, 2008
In re James and Karen Wornick, --- F.3d ---, 2008 WL ------ (2nd Cir. 2008)(life insurance policies appellants each held for the benefit of the other were exempt)

2nd Circuit Court of Appeals, September 24, 2008
In re Adelphia Communications Corp., --- F.3d ---, 2008 WL ------ (2nd Cir. 2008)(court may withdraw a committee's derivative standing and transfer the management of its claims, even in the absence of that committee's consent, if the court concludes that such a transfer is in the best interests of the bankruptcy estate)

3rd Circuit Court of Appeals, September 22, 2008
In re Exide Tech. v. Pacific Dunlop Holdings, Inc., --- F.3d ---, 2008 WL ------ (3rd Cir. 2008)(extension of automatic stay to debtor's foreign subsidiaries vacated)

8th Circuit Court of Appeals, September 24, 2008
Velde v. Kirsch, --- F.3d ---, 2008 WL ------ (1st Cir. 2008)(trustee loses preference action where check resulted in the release of appellee's bank's security interest in collateral)

9th Circuit Court of Appeals, September 23, 2008
Barboza v. New Form, Inc., --- F.3d ---, 2008 WL ------ (9th Cir. 2008)(summary judgment that damages for willful copyright infringement are dischargeable debt is reversed where: 1) there was a genuine issue of material fact as to whether the willful copyright infringement was a willful injury under Bankruptcy Code; and 2) the maliciousness requirement of Bankruptcy Code section 523(a)(6) was not addressed separately from the willfulness requirement)

9th Circuit Court of Appeals, September 24, 2008
In re Rosson, --- F.3d ---, 2008 WL ------ (9th Cir. 2008)(chapter 7 debtor's right to convert to chapter 13 not absolute) 

Thanks to Findlaw.com. 

October 3, 2008 in Other Circuit Briefs | Permalink

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