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November 8, 2008

Circuit Court of Appeals Cases from Last Week

2nd Circuit Court of Appeals, October 20, 2008
In re Peaslee, --- F.3d ---, 2008 WL ----- (2nd Cir 2008)(Court of Appeals certifies to New York state court question of whether negative equity on a trade-vehicle is included in the purchase money security acompanying a new car's purchase and is therefore protected from cramdown by Section 1325)

7th Circuit Court of Appeals, October 20, 2008
In re Kreisler, --- F.3d ---, 2008 WL ----- (7th Cir 2008)(equitable subordination of claim is reversed where, even if debtors' action amounted to misconduct, the other creditors of the estate were not harmed)

2nd Circuit Court of Appeals, October 29, 2008
In re U.S. Wireless Data, Inc., --- F.3d ---, 2008 WL ----- (2nd Cir 2008)("unsecured claim" disallowed where claim repreated a previously resolved "cure claim")

7th Circuit Court of Appeals, October 29, 2008
In re Airadigm Communications, Inc., --- F.3d ---, 2008 WL ----- (7th Cir 2008)(FCC had a right to interest as oversecured)

8th Circuit Court of Appeals, October 27, 2008
In re Frederickson, --- F.3d ---, 2008 WL ----- (8th Cir 2008)(above-median Chapter 13 debtor's plan must extend for five years even though the debtor has a negative "disposable income")

Thanks again to Findlaw.com

November 8, 2008 in Other Circuit Briefs | Permalink

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Comments

How, in this day and age of outrageous behavior, can the 7th Cir even dare step toward the plateau of appearing to permit Fraud on the Court to have validity.

One would hope the Trustee petitions for an en banc and is willing to pursue this to the High Court.

Materially adversity degree is never the framework for guidance on brite line rules of legality.

Either the artifice was appropriate or it was not - it cannot matter - whether or not - the effort to defraud was ultimately successful.

The BK world is going nuts!

Posted by: Laser | Nov 9, 2008 1:20:18 PM

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