October 9, 2010
Circuit Court of Appeals Cases from Last Week
United States First Circuit, 10/01/2010
Perry v. Blum, --- F.3d --- (1st Cir. 2010)
Suit for an accounting of foreclosure proceeds and all rents collected.
United States Second Circuit, 10/05/2010
Simmons v. Roundup Funding, LLC, --- F.3d --- (2nd Cir. 2010)
Proof of claim filed in bankruptcy court cannot form the basis for a claim under the Fair Debt Collection Practices Act.
United States Fifth Circuit, 09/28/2010
In re Kleibrink, --- F.3d --- (5th Cir. 2010)
Court's ruling that a creditor held an enforceable security interest in property, despite having received a discharge in an earlier bankruptcy proceeding, affirmed where the notice given to the creditor did not satisfy the due process standard for notice set forth in Mullane.
United States Sixth Circuit, 09/30/2010
In re NM Holdings Co., LLC, --- F.3d --- (6th Cir. 2010)
In trustee's suit against debtor-company's former auditor, claiming negligence and aiding and abetting CEO's breach of his fiduciary duty to the company, summary judgment is affirmed where: 1)complaint does not allege reliance by the company or by the company's fairness committee, and the alleged reliance by the company's creditors cannot support a claim brought by the trustee on behalf of the company; and 2) statute of limitations applied to the trustee's aiding-and-abetting claim.
United States Seventh Circuit, 10/01/2010
In re Res. Tech. Corp. --- F.3d --- (7th Cir. 2010)
Bankruptcy court's rejection of the chapter 7 trustee's proposed assignments of the debtor's contracts with four Illinois landfills, and an order requiring a company, managed by the debtor's key officers, to pay the debtor's Chapter 7 operating expenses in exchange for the assignment of certain contracts, affirmed.
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