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July 10, 2010

Circuit Court of Appeals Cases from Last Week

Catching up.

2nd Circuit Court of Appeals, June 22, 2010
In re Delta Airlines, Inc., --- F.3d --- (2nd Cir. 2010)(sustaining of objections to claims under tax indemnification agreements reversed where: 1) court's construction of "pay" in agreement in error; and 2) the bankruptcy court effectively nullified the agreements by stripping them of their ability to protect the Owner Participant in the event of debtor's default)

5th Circuit Court of Appeals, June 21, 2010
In re Wilborn, --- F.3d --- 5th Cir. 2010)(proposed class in this case did not satisfy the requirements of FRCP 23 and FRBP 7023)

7th Circuit Court of Appeals, June 23, 2010
In re McKinney, --- F.3d --- (7th Cir. 2010)(appeal dismissed for lack of jurisdiction as, although the issue that the tax debt owner cares about may have been resolved, its basic dispute with the bankruptcy estate has not been resolved and therefore the judgment of the bankruptcy court is not final)

10th Circuit Court of Appeals, June 23, 2010
In re Trout, --- F.3d --- (10th Cir. 2010)(trustee, having successfully avoided a preferential vehicle lien under section 547, the trustee was not entitled to a money judgment equal to the value of the avoided liens under section 550(a), where the bankruptcy estate had been sufficiently returned to its pre-transfer status by avoiding the preferential lien at issue and stepping into the lien priority of the avoided creditor under section 551)

Thanks to Findlaw.com

July 10, 2010 in Other Circuit Briefs | Permalink

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