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September 19, 2009

Circuit Court of Appeals Cases from Last Week

2nd Circuit Court of Appeals, September 18, 2009
In re Ames Dept. Stores, Inc., --- F.3d ---, 2009 WL ----------- (2nd Cir. 2009)(Bankruptcy Code order disallowing request for payment of administrative expenses until debtor's predecessor in interest returned a preferential transfer is vacated where section 502(d) does not bar allowance of administrative expenses within the scope of section 503(b))

7th Circuit Court of Appeals, September 17, 2009
US v. Arthur, --- F.3d ---, 2009 WL ----------- (7th Cir. 2009)(bankruptcy fraud and related crimes affirmed where: 1) wife's conviction is supported by sufficient evidence; 2) defendant's constitutional claims that the marital agreements were fraudulent was well-founded; 3) defendant lacks standing to raise a Sixth Amendment ineffective assistance of counsel claim on behalf of his wife; and 4) district court did not err in using defendant's prior state court judgment to increase his base offense level)

7th Circuit Court of Appeals, September 17, 2009
Hoosier Energy Rural Elec. Coop., Inc. v. John Hancock Life Ins. Co., --- F.3d ---, 2009 WL ----------- (7th Cir. 2009)(In a dispute involving a leveraged lease of a power station, district court's grant of temporary injunction is affirmed since co-op's claim was sufficient for the limited purpose of the temporary injunction)

8th Circuit Court of Appeals, September 16, 2009
Knudsen v. IRS, --- F.3d ---, 2009 WL ----------- (8th Cir. 2009)(ch 12 reorganization plan affirmed where: 1) a Chapter 12 debtor may treat postpetition income taxes imposed on the debtor's income earned during the pendency of the case as administrative expenses; 2) debtors' sale of their slaughter hogs in 2004 constituted the sale of a "farm asset used in the debtor's farming operation" under section 1222(a)(2)(A); and 3) the "marginal method" was the correct method to determine the allocation of taxes between priority and non-priority claims under section 1222(a)(2)(A))

Thanks to Findlaw.com

September 19, 2009 in Other Circuit Briefs | Permalink | Comments (0) | TrackBack

September 13, 2009

Review of My Book

Book Review by Christine Wilton

I have been reading everything bankruptcy related lately.  A few weeks ago, M. Jonathan Hayes sent us an email on our listserv for the Central District Consumber Bankrutpcy Attorneys Association, CDCBAA for short, that he had just published a new book entitled, A Summary of Bankruptcy Law.  I am one of those folks who likes summaries or digest versions of anything that cuts to the point and gives me just the meat, hold the potatoes and vegetables.

The section on chapter 7 bankruptcies takes up a major portion of the summary material.  I would have liked more information regarding chapter 13 processes, but it is a summary, so I let that go.  The material is concise and to the point.  It's an easy read and looks similar to a top tier law student's outline of a subject.  Not that I was a top tier law student, but I've obtained outlines from a few.  Overall, the book holds up to its title as a summary and I would add, a thorough summary at that.

Like kicking the tires on a car you're thinking about buying, I took the book's website citations and case citations for a spin.  The book provides valuable tools, advice on practice materials and case citations that I am still looking up.  I reccommend this book to the new practioner and law student.  Since the book was written by a California attorney,  it is well suited for the California practitioner and more specifically, those of us practicing in the Central District.  I even printed a copy of Judge Randall Newsome's Research Notebook and if I ever get a chance to meet the man, I promise to buy him a beer Jonathan.  Thank you for your good work.

The book can be purchased at Amazon.com. 

September 13, 2009 in Book Reports | Permalink | Comments (0) | TrackBack