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August 8, 2009

Circuit Court of Appeals Cases from Last Week

1st Circuit Court of Appeals, August 05, 2009
In re Rudler, --- F.3d ---, 2009 WL 2385469 (1st Cir. 2009)(means test allows debtors to deduct payments due on a secured debt notwithstanding the debtor's intention to surrender the collateral)

2nd Circuit Court of Appeals, August 05, 2009
In re Chrysler LLC, --- F.3d ---, 2009 WL --------- (2nd Cir. 2009)(1.bankruptcy court did not abuse its discretion in approving the sale as the sale did not constitute an impermissible sub rosa plan and prevented further, unnecessary losses; 2) the court properly held that although the plaintiffs did not consent to the sale order's release of all liens on Chrysler's assets, consent was validly provided by the collateral trustee, who had authority to act on behalf of all first-lien credit holders; 3) the plaintiffs lack standing to raise the issue of whether the Secretary of the Treasury exceeded his statutory authority by using TARP money to finance the sale of Chrysler’s assets as they cannot demonstrate that they have suffered an injury in fact; and 4) arguments advanced by present and future tort claimants against the portion of the sale order extinguishing all existing and future claims against New! Chrysler are rejected)

7th Circuit Court of Appeals, August 03, 2009
Smith v. Duffey, --- F.3d ---, 2009 WL --------- (7th Cir. 2009)(defendants had no duty to tell plaintiff that defendants' employer was about to declare bankruptcy, and none of the their actions were actionable as fraud)

10th Circuit Court of Appeals, August 03, 2009
Ford v. Ford Motor Credit Corp., --- F.3d ---, 2009 WL ------------- (10th Cir. 2009)(bifurcation of "negative equity" owed by debtors on a car loan was impermissible under the "hanging paragraph" of 11 U.S.C. section 1325(a))

10th Circuit Court of Appeals, August 05, 2009
Johnson v. Smith, --- F.3d ---, 2009 WL ---------- (10th Cir. 2009)(sanctions against defendant is affirmed; dismissal of Chapter 13 case did not divest the Bankruptcy Court of jurisdiction over automatic stay violation adversary proceeding)

Thanks to Findlaw.com. 

August 8, 2009 in Other Circuit Briefs | Permalink


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