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May 3, 2009

Circuit Court of Appeals Cases from Last Week

2nd Circuit Court of Appeals, May 01, 2009
Adams v. Marwil, --- F.3d ---, 2009 WL --------- (2nd Cir. 2009)(appointment of a chapter 11 trustee not warranted where district court had already appointed new management of the debtor and UST 2) the showed no cause for removal of the management)

6th Circuit Court of Appeals, April 29, 2009
Reinhardt v. Vanderbilt Mortgage & Fin., Inc., --- F.3d ---, 2009 WL --------- (6th Cir. 2009)(debtor's plan could modify secured claim because mobile home did not constitute real property under Ohio law)

7th Circuit Court of Appeals, April 29, 2009
Levey v. Systems Div., Inc. , --- F.3d ---, 2009 WL --------- (7th Cir. 2009)(defendant's alter ego claims were neither property of the estate nor related to the bankruptcy proceeding and therefore not subject to the automatic stay or to an injunction under Bankruptcy Code sec. 105)
 
8th Circuit Court of Appeals, April 29, 2009
Contemporary Industries Corp. v. Frost , --- F.3d ---, 2009 WL --------- (8th Cir. 2009)(payments defendants received in exchange for their privately-held stock were exempt settlement payments within the meaning of former Bankruptcy Code sec. 546(e); and bankruptcy court properly granted summary judgment on plaintiff's state law claims for unjust enrichment and illegal and/or excessive shareholder distributions as the claims were preempted by former Bankruptcy Code sec. 546(e))

9th Circuit Court of Appeals, April 28, 2009
Price v. Lehtinen, --- F.3d ---, 2009 WL --------- (9th Cir. 2009)(Bankruptcy Court has inherent power to sanction attorneys;  notice to attorney here was sufficient)

9th Circuit Court of Appeals, May 01, 2009
Boyajian v. New Falls Corp., --- F.3d ---, 2009 WL --------- (9th Cir. 2009)(In an action to declare Debtor's obligation under a lease agreement nondischargeable, summary judgment for Debtor is reversed where Plaintiff-Creditor stood in the shoes of its predecessor and could thus state a claim based on its predecessor's reliance on Debtor's inaccurate financial statements)

10th Circuit Court of Appeals, May 01, 2009
C & M Props., L.L.C. v. Burbidge, --- F.3d ---, 2009 WL --------- (10th Cir. 2009)(Court of Appeals lacked jurisdiction because the Bankruptcy Court had previously remanded the malpractice claims to state court)

11th Circuit Court of Appeals, April 29, 2009
W.R. Huff Asset Mgmt. Co. v. Kohlberg, Kravis, Roberts & Co., --- F.3d ---, 2009 WL --------- (11th Cir. 2009)(In an action for fraudulent transfer of assets, appeal dismissed, where: 1) the order was not effectively unreviewable on appeal; and thus 2) the Court of Appeals lacked subject matter jurisdiction)

Thanks to Findlaw.com. 

May 3, 2009 in Current Affairs | Permalink

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