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October 17, 2010

Circuit Court of Appeals Cases from Sept

United States First Circuit, 09/08/2010
In re Paolo, --- F.3d ----- (1st Cir 2010) 
Appeal of a district court's decision to abstain from a tax dispute dismissed as the appeal is barred by section 1334(d)

United States Fifth Circuit, 09/17/2010
Reed v. City of Arlington, --- F.3d ----- (5th Cir 2010)  
In Chapter 7 where debtors omitted a pending $1 million-plus judgment from their sworn statements and bankruptcy filings, debtors' discharge denied, to protect the integrity of judicial processes, judicial estoppel barred the trustee from collecting the judgment.

United States Sixth Circuit, 09/15/2010
Deutsche Bank Nat'l Trust v. Tucker, --- F.3d ----- (6th Cir 2010)  
In Chapter 13, bank's fees and advances, which were allowed under the parties' agreement and applicable nonbankruptcy law, must be included in the cure amount.

United States Ninth Circuit, 09/14/2010
In re Gebhart, --- F.3d ----- (9th Cir 2010)  
Debtors' homes may be sold by trustee even thought the property had no equity when the case was filed but had increased in value during the pendancy of the case

United States Tenth Circuit, 09/14/2010
In re Dittmar, --- F.3d ----- (10th Cir 2010)  
Debtors' stock appreciation rights (SARs) are part of debtors' estates under section 541 where: 1) while the value of the SARs may have been de minimis, debtors still have a property interest; and 2) the SARs created by the collective bargaining agreement at issue were more akin to contingent pre-petition property rights than mere expectancies based on discretionary bonuses

October 17, 2010 in Other Circuit Briefs | Permalink

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Comments

Nice list. I will use it in future. Thanks for the efforts to make this list!Nice list. I will use it in future. Thanks for the efforts to make this list!
Added to delicious and my blog. Thanks for the info.

Posted by: ian | Oct 20, 2010 12:16:16 AM

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