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New Cases For the Week of December 2, 2002
- December 6, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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December
4, 2002
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Case
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Court
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Holding
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Eplus
Technology, Inc. v. Aboud
(DBN Subscription Required) |
4th
Cir. |
A
bust-out scheme does not easily support
RICO liability because it has a built-in
ending. For such a scheme to succeed, the
corporation must go bankrupt. |
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December
3, 2002
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Case
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Court
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Holding
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In
re First Cincinnati, Inc.
(DBN Subscription Required) |
6th
Cir. BAP |
An
insurer of a debtor is not a "person
aggrieved" with appellate standing to
challenge an order of the Bankruptcy Court
lifting the automatic stay to permit
certain creditors to liquidate
"negligent construction" claims
against the debtor in State court and then
collect such claims from the insurer to
the extent that coverage exists. The
argument that insurance proceeds should be
marshaled for the collective benefit of
all such claims against the debtor may be
valid, but it must be raised by the
creditors, not by the insurer. |
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December
2, 2002
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Case
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Court
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Holding
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FutureSource
LLC v. Reuters Lim
(DBN Subscription Required) |
7th
Cir. |
A
sale of intellectual property assets free
and clear extinguished a purported third
party interest in the property. |
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