|
New Cases For the Week of December 17, 2001 -
December 21, 2001
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
|
December 20, 2001
|
|
Case
|
Court
|
Holding
|
Saftey-Kleen
v. Wyche
(DBN Subscription Required) |
4th
Cir. |
The
district court did not err in denying the debtor's application
for a preliminary injunction to prohibit a State environmental
protection agency from closing the debtor's facility.
The automatic stay did not apply to the agency's efforts to
enforce financial assurance requirements. The court did
err in denying the official unsecured creditors committee's
motion to intervene. |
|
|
|
|
December 19, 2001
|
|
Case
|
Court
|
Holding
|
In
re Welzel
(DBN Subscription Required) |
11th Cir. |
The §
506(b) reasonableness standard for oversecured creditor
attorney fees applies to contractually set attorney's fees
that vest pre-petition and that are enforceable under state
law. However, the court should bifurcate a claim for
fees between secured and unsecured claims under § 506(b) and
§ 502 based on the reasonableness of the fees, and should not
limit the collection of fees to those that are reasonable,
with the portion deemed unreasonable disallowed. |
|
|
|
|
December 18, 2001
|
|
Case
|
Court
|
Holding
|
In
re Western Pacific Airlines
(DBN Subscription Required) |
10th
Cir. |
Under
Colorado law, a taxing authority does not have the power to
distrain and seize property leased by a debtor. |
|
|
|
|
December 17, 2001
|
|
Case
|
Court
|
Holding
|
U.S.
v. Lawrence
(DBN Subscription Required) |
5th Cir. |
20
U.S.C. §1091a eliminates all limitations defenses for
collection of student debts and the equitable defense of
laches |
In
re Zibman (original opinion revised 12/13/2001)
(DBN Subscription Required) |
5th Cir. |
Because
the facts and the law applicable on the date that a petition
for bankruptcy is filed determine the exemptions available to
a debtor, and because the 6-month "proceeds
reinvestment" time limit is an integral feature of
Texas's statutory exemption for proceeds from the sale of a
homestead, a debtor claiming the Texas homestead exemption who
fails to reinvest proceeds of the sale of his homestead within
6 months after the petition date loses the exemption in the
proceeds. |
In
re Uwimana
(DBN Subscription Required) |
4th Cir. |
A
former ambassador's failure to return unused embassy funds
earmarked for legal expenses is a breach of fiduciary duty
warranting nondischargability under 11 U.S.C. 523(a)(4). |
|
|
|
|
|
|
| |