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June 22, 2009

Circuit Court of Appeals Cases from Last Week

3rd Circuit Court of Appeals, June 17, 2009
In re Harvard Indus., Inc., --- F.3d ---, 2009 WL ------ (3rd Cir 2009)(distributor's inability to resell a defective product does not qualify as "damage to or loss of the use of property" under I.R.C. section 172(f)(4)(A); but Debtor's pension plan payments qualified as specified liability losses)

3rd Circuit Court of Appeals, June 19, 2009
Binder & Binder, P.C. v. Handel, --- F.3d ---, 2009 WL ------ (3rd Cir 2009)(Debtor's debt to Plaintiff law firm discharged where the government had not waived its sovereign immunity for attorney's fee claims in social security disputes, and thus Defendant Social Security Administration was not liable for the fees incurred by Debtor)

7th Circuit Court of Appeals, June 17, 2009
In re Jafari, --- F.3d ---, 2009 WL ------ (7th Cir 2009)(gambling debt is an allowed claim where: 1) Wisconsin courts, applying their forum's choice-of-law analysis, would apply Nevada law to govern the claims; and 2) the claims were enforceable under Nevada law)

9th Circuit Court of Appeals, June 18, 2009
Wirum v. Warren (in re Warren), --- F.3d ---, 2009 WL ------ (9th Cir 2009)(Bankruptcy Court can waive section 521(i)(1)'s requirement that a debtor file a list of creditors within 45 days of filing a bankruptcy petition even though the deadline had passed and per section 521(i)(1) the case was automatically dismissed)

11th Circuit Court of Appeals, June 17, 2009
In re Kim, --- F.3d ---, 2009 WL ------ (11th Cir 2009)(Trustee may not avoid lien where the affidavit submitted by the closing attorney attested to the execution of the security deed at issue)

11th Circuit Court of Appeals, June 18, 2009
Bank of Am., N.A. v. Mukamai, --- F.3d ---, 2009 WL ------ (11th Cir 2009)(payments made from the Debtor's other credit card accounts for debt consolidation purposes are avoidable preferences since they are a "transfer[s] of an interest of the debtor in property" under section 547(b))

Thanks to Findlaw.com. 

June 22, 2009 in Other Circuit Briefs | Permalink

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Posted by: Bankruptcy Attorney | Sep 18, 2009 12:16:29 PM

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