New Cases For the Week of April 9, 2001 - April 13, 2001

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April 13, 2001

Case

Court

Holding

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.

April 11, 2001

Case

Court

Holding

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. 

April 10, 2001

Case

Court

Holding

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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