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July 11, 2009

Circuit Court of Appeals Cases from Last Week

6th Circuit Court of Appeals, July 06, 2009
QSI Holdings, Inc. v. Alford, --- F.3d ---, 2009 WL ---------------- (6th Cir 2009)(section 546(e) defense to fraudulent conveyance extends to the leveraged buyout at issue, involving privately held securities)

8th Circuit Court of Appeals, July 08, 2009
Educational Credit Mgmt. Corp. v. Jesperson, --- F.3d ---, 2009 WL ---------------- (8th Cir 2009)(debtor not entitled to an undue hardship student loan discharge as debtor is a recent law school graduate who is reasonably likely to be able to make significant debt repayments in the foreseeable future and qualified for the Department of Education's twenty-five year Income Contingent Repayment Plan)

9th Circuit Court of Appeals, July 10, 2009
Biltmore Assocs., LLC v. Twin City Fire Ins. Co., --- F.3d ---, 2009 WL ---------------- (9th Cir 2009)(In an action by former officers of the Debtor for indemnification in an underlying action for breach of fiduciary duty, the "insured versus insured" exclusion in the relevant policies barred coverage, because a post-bankruptcy debtor in possession acts in the same capacity as the pre-bankruptcy debtor for the purpose of directors and officers liability insurance)

11th Circuit Court of Appeals, July 10, 2009
Lawrence v. Goldberg, --- F.3d ---, 2009 WL ---------------- (6th Cir 2009)(where Plaintiff sued his creditors claiming they conspired to wrongfully enforce a turn over order issued by a Bankruptcy Court, complaint is dismissed where Plaintiff failed to obtain leave of the Bankruptcy Court before filing his complaint)

Thanks to Findlaw.com. 

July 11, 2009 in Other Circuit Briefs | Permalink


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