New Cases For the Week of February 4, 2002 - February 8, 2002

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February 4, 2002

Case

Court

Holding

In re Dow Corning Corp.
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6th Cir. Under certain circumstances, a bankruptcy court may enjoin a non-consenting creditor's claim against a non-debtor to facilitate a Chapter 11 plan of reorganization. However, because the factual findings of the bankruptcy court do not demonstrate that such an injunction is appropriate in this case, the order of confirmation is reversed.
Coast Automotive Group v. VW Credit
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3rd Cir. A party who testified in bankruptcy court that a debtor was out of trust was precluded by the doctrine of judicial estoppel from asserting otherwise in a subsequent proceeding. 
 
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