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January 10, 2009

Circuit Court of Appeals Cases from Last Week

2nd Circuit Court of Appeals, January 06, 2009
In re Smart World Techs., LLC, --- F,3d ---, 2008 WL ----- (2nd Cir. 2009)(the bankruptcy court's Retention Order was a pre-approval within the meaning of 11 U.S.C. section 328(a) and no subsequent developments warranted modifying the terms of appellee-firm's retention)

2nd Circuit Court of Appeals, January 09, 2009
CFCU Cmty. Credit Union v. Hayward, --- F,3d ---, 2008 WL ----- (2nd Cir. 2009)(New York's homestead exemption increase from $10,000 to $50,000, applies retroactively)

6th Circuit Court of Appeals, January 07, 2009
Settembre v. Fidelity & Guar. Life Ins. Co., --- F,3d ---, 2008 WL ----- (6th Cir. 2009)(Appeal of a district court reversal of a bankruptcy court grant of summary judgment on creditor's complaint for denial of discharge is dismissed where a decision by the district court on appeal remanding the bankruptcy court's decision for further proceedings in the bankruptcy court is not final)

6th Circuit Court of Appeals, January 09, 2009
Shaw v. Aurgroup Fin. Credit Union , --- F,3d ---, 2008 WL ----- (6th Cir. 2009)(District court order affirming the bankruptcy court's denial of confirmation of Chapter 13 bankruptcy plan is affirmed because section 1325(a) is mandatory, and a court has no discretion to confirm a plan which does not comply with that statute)

7th Circuit Court of Appeals, January 08, 2009
In re Wiese, --- F,3d ---, 2008 WL ----- (7th Cir. 2009)(Family dairy farmers who released their lender liability claims against their bank as part of their confirmed Chapter 12 plan, are bound by that release after case was dismissed. In finding "cause" to order this, the bankruptcy court acted within its discretion under 11 U.S.C. section 349(b))

Thanks to Findlaw.com

January 10, 2009 in Other Circuit Briefs | Permalink


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