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November 15, 2009

Circuit Court of Appeals Cases from Last Week

3rd Circuit Court of Appeals, November 12, 2009
In re Madera, --- F.3d ---, 2009 WL ----------- (3rd Cir. 2009)(summary judgment for creditor is affirmed where 1) the Rooker-Feldman precluded the bankruptcy court's jurisdiction over debtors' rescission claim because that claim was inextricably intertwined with a Court of Common Pleas' foreclosure judgment; 2) summary judgment for creditor on the Truth in Lending Act damages claim appropriate; and 3) debtor's motion to amend was untimely)

5th Circuit Court of Appeals, November 12, 2009
In re Bradley, --- F.3d ---, 2009 WL ----------- (5th Cir. 2009)(contempt of court and monetary sanctions affirmed where: 1) civil contempt power extends to defiance of a bankruptcy court injunction whose terms are known, but which has not yet been formalized as required by procedural rules; and 2) the lack of agreement between the opposing parties briefing the motion for injunction did not render the resulting ruling unclear)

6th Circuit Court of Appeals, November 13, 2009
In re Nowak, --- F.3d ---, 2009 WL ----------- (6th Cir. 2009)(informal proof of claim not allowed where 1) plaintiff had ample notice of the likelihood that it would lose its status as a secured creditor, necessitating the filing of a proof of claim; 2) plaintiff's unexplained delay weighed against allowing plaintiff's informal proof of claim; and 3) the large dilution in the distribution to other creditors in this case was an appropriate consideration weighing against allowing plaintiff's claim)

Thanks to Findlaw.com  

November 15, 2009 in Other Circuit Briefs | Permalink

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