New Cases For the Week of June 17, 2002 - June 21, 2002

Brought to you by BKINFORMATION.COM - The Source for Business Bankruptcy Information on the Internet 

June 21, 2002

Case

Court

Holding

In re Schoenlein
(DBN Subscription Required)
6th Cir. BAP The Bankruptcy Court erred in entering a default judgment against a creditor in an action filed by a nondebtor spouse because: (i) service of the complaint on an independent contractor of the creditor was ineffective due process and (ii) the bankruptcy may have exceed its jurisdiction by entering a final judgment in an action that was not a core action.

June 18, 2002

Case

Court

Holding

In re DaimlerChrysler et. al.
(DBN Subscription Required)
5th Cir. The Circuit Court reversed a district court order remanding to State court certain personal injury asbestos cases which had been removed based on a theory that the cases were "related to" certain pending bankruptcy cases, since the defendants in the State court cases may have indemnification rights form the bankruptcy estates.  The district court erred in remanding the cases to State court because at the time time the district court acted a Delaware bankruptcy court had issued a transfer order transferring all such removed cases to the bankruptcy court.  Although the Delaware bankruptcy curt subsequently ruled that it did not have jurisdiction over the removed cases, that ruling is on appeal and stayed, and the Celotex principle requires sister court's to adhere to that ruling unless it is reversed.
 
Copyright © 2001  [BKINFORMATION.COM]. All rights reserved.