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November 10, 2009

Court of Appeals Cases from Last Week

1st Circuit Court of Appeals, November 06, 2009
In re Smith, --- F.3d ----, 2009 WL ---------- (1st Cir. 2009)(late alimony payment penalty was not a domestic support obligation, and as such, the ex-wife's claim was a general unsecured claim not entitled to priority status and consequently dischargeable) 

2nd Circuit Court of Appeals, November 05, 2009
Ogle v. Fidelity & Deposit Co. of Md., --- F.3d ----, 2009 WL ---------- (2nd Cir. 2009)(liquidating trust must pay post-petition attorneys' fees on a claim that stemmed from a pre-petition indemnity agreement where such claims are categorically allowable)

9th Circuit Court of Appeals, November 05, 2009
In re Bender, --- F.3d ----, 2009 WL ---------- (9th Cir. 2009)(appeal dismissed as BAP's order re action seeking avoidance of a transfer was not final)

10th Circuit Court of Appeals, November 03, 2009
In re Paige, --- F.3d ----, 2009 WL ---------- (10th Cir. 2009)(dismissal of the appeal as moot is reversed where: 1) the competing chapter 11 plan could theoretically be confirmed without requiring disgorgement of payments made to third-party creditors; and 2) reversal of the existing plan would not require the undoing of complex transactions)

Thanks to Findlaw.com

November 10, 2009 in Other Circuit Briefs | Permalink


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