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March 24, 2010

Circuit Court of Appeals Cases from Last Week

5th Circuit Court of Appeals, March 18, 2010
In re Condor Ins. Ltd., --- F.3d ----, 2010 WL ------- (5th Cir. 2010)(bankruptcy court has jurisdiction to offer avoidance relief under foreign law in a Chapter 15 bankruptcy proceeding)

11th Circuit Court of Appeals, March 16, 2010
In re Delco Oil, Inc., --- F.3d ----, 2010 WL ------- (11th Cir. 2010)(bankruptcy trustee may avoid post-petition payments by the debtor under 11 U.S.C. sections 549(a) and 363(c)(2) as unauthorized transfers of cash collateral)

Thanks to Findlaw.com 

March 24, 2010 in Other Circuit Briefs | Permalink | Comments (0) | TrackBack

March 23, 2010

Supreme Court Affirms Espinosa

The unanimous opinion in United Student Aid Funds, Inc. v. Espinosa can be accessed here.  The outcome is not too surprising.   

March 23, 2010 in Supreme Court | Permalink | Comments (0) | TrackBack

March 22, 2010

Orange County Bankruptcy Forum Peter M. Elliott Award to Penelope Parmes - Meeting on April 6, 2010

Congratulations to:
Penelope Parmes
Rutan & Tucker, LLP

Recipient of the
The Honorable Peter M. Elliott
Memorial Award 2009

for Outstanding Scholarship, Ethics and Service to the Orange County Bankruptcy Community

We will present the award at our April 6, 2010 program on the economic outlook for the rest of the year and next.

For any questions, please contact the OCBF office.
Phone/Fax: 949-681-8676 ~ info@ocbf.org

March 22, 2010 in Programs | Permalink | Comments (0) | TrackBack

Hamilton v. Lanning Transcript

The transcript is here.  I will be uploading a summary on Scotus Wiki tomorrow.  JH

March 22, 2010 in Supreme Court | Permalink | Comments (1) | TrackBack

March 21, 2010

Desmond J. Lizotte Oct 30, 1919 - March 16, 2010

DesL-improved
My father in law was a great man.  He was the retired General Agent for the Mass Mutual Los Angeles office and a constant supporter of mine.  It was my good fortune to know him and I will miss him. 

March 21, 2010 in Current Affairs | Permalink | Comments (1) | TrackBack

9th Circuit Reverses $85 million Judgment in Favor of Vickie Lynn Marshall

The 68 page 9th Circuit opinion is here.  They remanded to the District Court which presumably will remand to the Bankruptcy Court.  But Judge Bufford will probably be gone by the time it gets back as he is retiring in September.  What is a little strange to me is that after 68 pages, the ruling is that Judge Bufford had no jurisdiction simply, "Because the Texas probate court’s judgment was the earliest final judgment entered on matters relevant to this proceeding, the district court erred when it did not afford preclusive effect to the Texas probate court’s determination of relevant legal and factual issues."    

March 21, 2010 in Current Affairs | Permalink | Comments (0) | TrackBack