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May 17, 2009

Circuit Court of Appeals Cases from Last Week

5th Circuit Court of Appeals, May 13, 2009
Valley Educ. Found. v. Eldercare Props. Ltd., --- F.3d ---, 2009 WL --------- (5th Cir. 2009)(assumption of real property lease proper where Plaintiff failed to terminate the lease and equitable intervention under Texas law applied to render effective the Debtor's renewal)

6th Circuit Court of Appeals, May 12, 2009
Patel v. Shamrock Floorcovering Servs., Inc., --- F.3d ---, 2009 WL --------- (6th Cir. 2009)(debt found non-dischargeable where debtor was a fiduciary of the creditor and breached his duty to the creditor, and Debtor's company was a "contractor" under Michigan law)

11th Circuit Court of Appeals, May 11, 2009
Carrier Corp. v. Buckley, --- F.3d ---, 2009 WL --------- (11th Cir. 2009)(preference where: 1) the creditor could have become secured but failed to do so; and 2) Debtor did not make the payments in the ordinary course of business)
11th Circuit Court of Appeals, May 15, 2009
Chira v. Saal, --- F.3d ---, 2009 WL --------- (11th Cir. 2009)(settlement agreement reached in the bankruptcy proceedings did not modify the pre-bankruptcy contract of sale, and the settlement agreement was equitable)

Thanks to Findlaw.com

May 17, 2009 in Other Circuit Briefs | Permalink


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Posted by: resveratrol | May 17, 2009 11:14:08 PM

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