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May 31, 2010

Circuit Court of Appeals Cases from Last Week

2nd Circuit Court of Appeals, May 18, 2010
Adams v. Zelotes, --- F.3d ---, 2010 WL --------- (2nd Cir. 2010)(attack on the constitutionality of section 526(a)(4), re debt relief agencies advising clients to incur additional debt in contemplation of bankruptcy reversed based on Milavetz)

2nd Circuit Court of Appeals, May 18, 2010
AmeriCredit Fin. Servs. v. Tompkins, --- F.3d ---, 2010 WL --------- (2nd Cir. 2010)(creditor has an unsecured deficiency judgment under both state law and the contract of the parties)

7th Circuit Court of Appeals, May 19, 2010
In re South Beach Sec., Inc., --- F.3d ---, 2010 WL --------- (7th Cir. 2010)(chapter 11 dismissed where: 1) debtor's argument that the U.S. Trustee lacks standing because he is not a party in interest is rejected; 2) reorganization plan had not been proposed in good faith as the debtor's disclosure statement suggests no purpose other than to beat taxes; and 3) debtors and the lawyers that appeared for them are order to show cause why they should not be sanctioned for their conduct in their frivolous appeal)

10th Circuit Court of Appeals, May 20, 2010
In re Latture, --- F.3d ---, 2010 WL --------- (10th Cir. 2010)(appeal untimely where: 1) debtor's failure to timely file the appeal deprived the BAP of jurisdiction to hear his appeal; 2) Fed. R. App. P. 6 did not govern an appeal taken from bankruptcy court to a bankruptcy appellate panel; and 3) even assuming debtor did not receive the court's judgment, the BAP could not extend the time to file a notice of appeal)

California Appellate Districts, May 20, 2010
Boyajian v. Ordoubadi, --- Cal.App. ---, 2010 WL --------- (plaintiff's claim for equitable indemnity was discharged in a bankruptcy proceeding in 1994 as bankruptcy law allows for discharges of contingent claims, including claims against the debtor for indemnity before the time the indemnity claim against the debtor can be precisely measured)

May 31, 2010 in Other Circuit Briefs | Permalink


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