New Cases For the Week of
April 9, 2001 - April 13, 2001
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April 13,
2001
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Case
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Court
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Holding
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In
re Optical Technologies, Inc.
(DBN Subscription Required) |
11th Cir. |
Appellate
review of a bankruptcy court's ruling on a summary judgment is conducted
de novo, not based on a clearly erroneous standard. |
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April 11,
2001
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Case
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Court
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Holding
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Westmoreland
Human Oppportunities v. Walsh
(DBN Subscription Required) |
3rd Cir. |
Due
to HUD's pervasive, strict, and minute oversight of grant relationships,
a non-profit debtor's interest in a HUD grant relationship is not
property of the debtor's bankruptcy estate. However, the case was
remanded for further findings regarding whether a creditor committee
member's undisclosed usurpation of the grant relationship nevertheless
breached a fiduciary duty. |
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April 10,
2001
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Case
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Court
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Holding
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In
re Dollaga
(DBN Subscription Required) |
9th Cir. BAP |
Only ex-spouses
or their children have standing to assert rights under 523(a)(15).
An attorney who represented the debtor's ex-spouse in in a divorce has
no stranding to pursue a 523(a)(15) claim against the debtor despite the
fact that the divorce court ordered the debtor to pay the attorney fees
incurred by the ex-spouse in the divorce. |
In
re Brown
(DBN Subscription Required) |
6th Cir. |
The
Circuit Court lacks jurisdiction over an appeal from the district court
regarding late-filed IRS claims when the district court remanded the
case to bankruptcy court for further factual development. |
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