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New Cases For the Week of November 4, 2002
- November 8, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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November
8, 2002
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Case
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Court
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Holding
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November
6, 2002
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Case
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Court
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Holding
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Stoning
Partners, Inc. v. Lernout
& Hauspie Speech Products
N.V.
(DBN Subscription Required) |
3rd
Cir. |
The
bankruptcy court erred by failing to
consider all relevant principles when it
issued an order preventing preventing a
creditor from pursuing the issue of the
priority, treatment, and classification of
its claims in a simultaneous Belgian
proceedings and ordering that these issues
be determined exclusively by the Delaware Bankruptcy
Court. |
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November
4, 2002
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Case
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Court
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Holding
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In
re Miniscribe Corporation
(DBN Subscription Required) |
10th
Cir. |
The
district court did not err in denying a
bankruptcy trustee enhanced compensation
for extraordinary results. § 326(a) sets
the maximum compensation payable to the
trustee; it does not establish a
presumptive or minimum compensation. A
"common fund" or
percentage-based rationale for calculating
reasonable trustee compensation under §
330 is not appropriate. The lodestar test,
with appropriate enhancements, is the
appropriate method of calculation. |
Arruda
v. Sears, Roebuck & Co
(DBN Subscription Required) |
1st
Cir. |
Neither
the Bankruptcy Code nor the implementing
rules demand judicial approval of all
redemption agreements under 11 USC 722.
Sears did not violate the discharge
injunction by waiting until after
bankruptcies were closed to contact
debtors to negotiate redemption
agreements. |
Madeja
v. Olympic Packers, LLC
(DBN Subscription Required) |
9th
Cir. |
A
maritime lien claimant's
failure to verify his claim
for maritime wages was fatal
to the claim. |
Williams
v. Regency Financial Corp
(DBN Subscription Required) |
8th
Cir. |
The
court erred in dismissing a
debtor's claim that a
"repossession churning
mill" which sold cars
without repossession titles
complied with the reasonable
disposition requirements of
the UCC. |
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