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New Cases For the Week of May 19,
2003 - May 23, 2003
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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May
23, 2003
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Case
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Court
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Holding
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In
re Bateman
(DBN Subscription Required) |
11th
Cir. |
A
secured creditor cannot collaterally
attack a confirmed Chapter 13 plan, even
though the plan conflicted with the
mandatory provisions of the bankruptcy
code, when the secured creditor failed to
object to the plan's confirmation or
appeal the confirmation order.
However,
a secured creditor's claim for mortgage
arrearage survives the confirmed plan to
the extent it is not satisfied in full by
payments under the plan, or otherwise
satisfied under the terms § 132 5(a)(5),
because to permit otherwise would deny the
effect of 11 U.S.C. § 1322(b)(2), |
In
re BDC 56 LLC
(DBN Subscription Required) |
2nd
Cir. |
When
a debt allegedly in bona fide dispute is
at issue in an involuntary case filing,
the petitioning creditor must establish a
prima facie case that no bona fide dispute
exists. Once a prima facie case has been
established, the burden shifts to the
debtor to demonstrate the existence of a
bona fide dispute. Because the standard is
objective, neither the debtor's subjective
intent nor his subjective belief is
sufficient to meet this burden," and
the court's objective is to ascertain
whether a dispute that is bona fide
exists; the court is not to actually
resolve the dispute. |
In
re Zenith Electronics Corporation
(DBN Subscription Required) |
3rd
Cir. |
The
court erred in finding that the UST's
appeal of a professional fee award ruling
was equitably moot as a result of
confirmation of the debtor's plan.
Reversal would have only a minor impact on
the the debtor and would not result min
unraveling of the confirmed plan. |
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May
21, 2003
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Case
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Court
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Holding
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In
re Miles
(DBN Subscription Required) |
9th
Cir. BAP |
Congress
preempted state law remedies when it
enacted 11 U.S.C. § 303 providing for
involuntary bankruptcies and, at §
303(i), prescribed a set of remedies
against unsuccessful petitioners in
involuntary bankruptcies. The
bankruptcy court did not err in dismissing
removed State law claims filed by
relatives of an involuntary debtor. |
In
re Mike Hammer Productions, Inc.
(DBN Subscription Required) |
9th
Cir. BAP |
Non-petitioning
creditors lack standing to seek damages
under Section 303(i)(2) |
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May
20, 2003
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Case
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Court
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Holding
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In
re Lan Tamers, Inc.
(DBN Subscription Required) |
1st
Cir. |
Reimbursement
moneys held by the USAC ( a government
agency established to implement the E-Rate
program) are not property of the
bankruptcy estate of a service provider
participating in the program.
When a
debtor is a trustee, custodian, or other
intermediary, who lacks beneficial title
and is merely an agent for the disbursal
of funds belonging to another, the funds
are not property of the debtor's estate. |
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