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September 2, 2009

Circuit Court of Appeals Cases from Last Week

6th Circuit Court of Appeals, August 25, 2009
In re Bunn, --- F.3d ---, 2009 WL -------- (6th Cir. 2009)(under Ohio law, a recorded mortgage that contains the street address of residential property — but not the legal description of the parcel of land — is sufficient to preclude the setting aside of the otherwise valid mortgage in bankruptcy court)

7th Circuit Court of Appeals, August 25, 2009
US v. Apex Oil Co. Inc. --- F.3d ---, 2009 WL -------- (7th Cir. 2009)(government's claim to an injunction was not discharged in bankruptcy and thus can be renewed in a subsequent lawsuit as the government's equitable claim entitles it to require defendant to clean up the contaminated site at defendant's expense)

9th Circuit Court of Appeals, August 24, 2009
Khalil v. Developers Surety & Indemnity Co., --- F.3d ---, 2009 WL -------- (9th Cir. 2009)(order denying the discharge is affirmed where there was substantial evidence of debtor's fraudulent intent in making certain statements regarding the debts)

9th Circuit Court of Appeals, August 26, 2009
Craig v. Educational Cred. Mgmt. Corp., --- F.3d ---, 2009 WL -------- (9th Cir. 2009)(order declining to discharge debtor's student loan is vacated where it was unclear from the record how the bankruptcy court arrived at its conclusion regarding debtor's ability to make the required monthly payments)

Thanks to Findlaw.com. 

September 2, 2009 | Permalink

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