|
New Cases For the Week of June 25, 2001 - June
29, 2001
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
|
June 29, 2001
|
|
Case
|
Court
|
Holding
|
In
re American Preferred Prescription, Inc.
(DBN Subscription Required) |
2d Cir. |
A
bankruptcy court which has retained postconfirmaton
jurisdiction may have authority under section 105 to appoint a
trustee postconfirmation (the court does not reach this
question).
A party in interest who does not timely
appeal from the appointment of a postconfirmation trustee is
precluded from doing so at a later date when the trustee's
pursuit of his duties adversely impacts the party in
interest. |
|
|
|
|
June 28, 2001
|
|
Case
|
Court
|
Holding
|
Blackwell
v. Lurie
(DBN Subscription Required) |
8th Cir.
BAP |
When
an unstayed fraudulent transfer judgment is reversed on appeal
after the recovered property has been sold at an execution
sale, the damages to which the defendant is entitled are the
benefit the estate received from execution on the judgment,
not the fair market value of the property sold to satisfy the
judgment. |
|
|
|
|
June 25, 2001
|
|
Case
|
Court
|
Holding
|
NextWave
v. FCC
(DBN Subscription
Required) |
DC Cir. |
By
defining its relationship with licensees as a debtor/creditor
relationship, the FCC exposed itself to participation in the
bankruptcy process and discriminated unfairly against the
debtor when it canceled its license for nonpayment of the
license fee. |
|
|
|
|
|
|