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New Cases For the Week of April 22, 2002 - April
26, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
April
26, 2002
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Case
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Court
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Holding
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In
re Miller
(DBN Subscription Required) |
5th
Cir. |
A
corporate officer is not entitled to indemnification under
Delaware law for acts committed for his own benefit before he
was employed by the corporation, because he was not sued
"by reason of the fact" that he was an officer of
the potential indemnitor. |
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April
23, 2002
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Case
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Court
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Holding
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In
re Yates
(DBN Subscription Required) |
6th Cir. |
ERISA's
anti-alienation and anti-garnishment restrictions did not
operate to preclude a bankruptcy trustee from recovering a
preferential loan payment made to an ERISA plan by a debtor. |
In
re Sweeney
(DBN Subscription Required) |
6th Cir.
BAP |
The
Rooker-Feldman doctrine did not preclude a bankruptcy court
from reviewing the dischargeability of a State court default
judgment. Under the doctrine, the bankruptcy court could
not review and redetermine the merits of a debt or set aside
the default judgment reflecting it, but, pursuant to its
independent, exclusive jurisdiction, it could adjudicate the
dischargeability of the debt. |
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