Circuit Court of Appeals Cases from Last Week

2nd Circuit Court of Appeals, October 14, 2008
Browning v. MCI, Inc., --- F.3d ---, 2008 WL ------ (2nd Cir. 2008)(state claims against defendant-MCI are pre-petition claims that were discharged by confirmation plan)

3rd Circuit Court of Appeals, October 16, 2008
In re Mystic Tank Lines Corp., --- F.3d ---, 2008 WL ------ (3rd Cir. 2008)(state government's claim against debtor for damages for cleanup of contamination at a gas station affirmed where: 1) the claim was subject to the police-power exception to the automatic stay; and 2) state court had jurisdiction to enter a default judgment against debtor, notwithstanding that the state had already brought a related claim before the bankruptcy court)

5th Circuit Court of Appeals, October 13, 2008
Campbell v. Countrywide Home Loans Inc., --- F.3d ---, 2008 WL ------ (5th Cir. 2008)(Countrywide did not violate automatic stay in chapter 13 case, Countrywide's proof of claim was proper)(Revised opinion)

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