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January 3, 2009

Circuit Court of Appeals Cases for Last Week

6th Circuit Court of Appeals, December 29, 2008
In re Sanders, --- F.3d ---, 2008 WL ------- (6th Cir. 2008)(Debtor who received a chapter 7 discharge less than four years ago is eligible for a chapter 13 discharge because his chapter 7 petition was filed more than four years ago)

7th Circuit Court of Appeals, December 30, 2008
Helms v. CPC Acquisition, Inc., --- F.3d ---, 2008 WL ------- (7th Cir. 2008)(Corporate-debtor's proceeds from lawsuit against its insurance broker for failure to obtain business-loss insurance are not considered "proceeds of collateral" under the UCC, and therefore the bank holding a security interest in debtor's damaged collateral was not entitled to proceeds from that lawsuit)

7th Circuit Court of Appeals, December 31, 2008
In re Belcher, --- F.3d ---, 2008 WL ------- (7th Cir. 2008)(husband not entitled homestead exemption in marital home because wife's name alone appeared on the title. Husband's potential equitable property interests in the home under divorce law, and his "possessory interest" in the family residence as spouse of the homeowner, were insufficient to permit him to claim the homestead exemption)

8th Circuit Court of Appeals, December 29, 2008
US v. Bauer, --- F.3d ---, 2008 WL ------- (8th Cir. 2008)(Convictions of debtors for bankruptcy fraud and money laundering affirmed - failure to disclose assets and cooperate with bankruptcy court orders)

9th Circuit Court of Appeals, December 31, 2008
In the Matter of Owens, --- F.3d ---, 2008 WL ------- (9th Cir. 2008)(dismissal of bad-faith Chapter 11 case rather than converting it to Chapter 7 affirmed - court must consider interests of all the creditors)

10th Circuit Court of Appeals, December 30, 2008
In re Marshall, --- F.3d ---, 2008 WL ------- (10th Cir. 2008)(Balance transfers from one credit card to another, made by debtors during the ninety-day period prior to the filing of their Chapter 7 petition, are preferential transfers under 11 U.S.C. section 547(b))

California Appellate Districts, December 30, 2008
Chinese Yellow Pages Co. v. Chinese Overseas Mktg. Svc. Corp., No. B197234  (postjudgment attorneys fees and costs incurred during a bankruptcy proceeding can be recovered in state court per CCP 685.040 as fees and costs incurred in postjudgment collection efforts)

January 3, 2009 in Other Circuit Briefs | Permalink

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