New Cases For the Week of April 29, 2002 - May 3, 2002

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May 1, 2002

Case

Court

Holding

In re Phones For All, Inc.
(DBN Subscription Required)
5th Cir. Despite certain Second Circuit authority to the contrary, an employee of a bankrupt debtor who signed a severance agreement prepetition and was terminated postpetition was not entitled to an administrative priority claim for his severance benefits.

April 30, 2002

Case

Court

Holding

In re SGPA
(DBN Subscription Required)
3rd Cir. The District Court did not err in dismissing a creditors' committee's confirmation appeal on equitable mootness grounds. There is no per se rule that requires an appellate court to find all five equitable mootness factors.
In re Stephens 8th Cir. BAP Although a bankruptcy trustee was barred by the discharge injunction from attempting to collect a claim of his debtor against another, discharged debtor, the trustee was not barred from seeking to recover property belonging to his debtor in the possession of the discharged debtor. 
 
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