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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
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Case
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Court
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Holding
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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. |
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June
18, 2002
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Case
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Court
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Holding
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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. |
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