Circuit Court of Appeals Cases from Last Week

1st Circuit Court of Appeals, May 06, 2009
Colonial Surety Co. v. Weizman, --- F.3d ---, 2009 WL -------- (1st Cir. 2009)(discharge of liability from defendant's earlier bankruptcy discharge did not include plaintiff's claims against defendant, as defendant failed to list plaintiff's claim and 523(a)(3) makes listing the claim a condition of discharge)

7th Circuit Court of Appeals, May 05, 2009
United Air Lines, Inc. v. Regional Airports Improvement Corp., --- F.3d ---, 2009 WL -------- (7th Cir. 2009)(In a bankruptcy action involving the repayment and calculation of a secured loan for improvements to an airline terminal, district court judgment is reversed where: 1) the court did not properly calculate the annual rental rate for airport terminal space and the the appropriate discount rate; and 2) the calculation for the rental rate was too low and the discount rate too high)

9th Circuit Court of Appeals, May 04, 2009
California Self-Insurer's Sec. Fund v. Lorber Indus. of Cal., --- F.3d ---, 2009 WL -------- (9th Cir. 2009)(workers' compensation reimbursement claim not a priority since claim not an excise tax under 11 U.S.C. section 507(a)(8)(E)(ii))
 
9th Circuit Court of Appeals, May 06, 2009
Consolidated Freightways Corp. v. Aetna, Inc., --- F.3d ---, 2009 WL -------- (9th Cir. 2009)(recovery cap under 507(a)(5) is to be treated as an aggregate cap, but individuals who did not render services within a 180-day period preceding bankruptcy are not to be counted in determining the number of employees under Section 507(a)(5))

10th Circuit Court of Appeals, May 04, 2009
Hamilton v. Wash. Mut. Bank FA, --- F.3d ---, 2009 WL -------- (10th Cir. 2009)(Trustee cannot avoid Debtors' mortgage because a purchaser is deemed to know the contents of recorded documents in the Debtors' chain of title and, armed with this knowledge, a reasonably prudent purchaser would readily discover that the bank's mortgage encumbers the Debtors' house)

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