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New Cases For the Week of June 3, 2002 - June 7, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
June
6, 2002
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Case
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Court
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Holding
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In
re Alabama Land and Mineral Corp.
(DBN Subscription Required) |
11th
Cir. |
In
a perfection dispute, the bankruptcy court erred by elevating
form over substance when it characterized a fund as a
certificate as deposit. The fund was a deposit account,
subject to the common law of pledge. |
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June
4, 2002
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Case
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Court
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Holding
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In
re Desilets
(DBN Subscription Required) |
6th Cir. |
Federal
courts have the right to control the membership of the federal
bar. "Applicable law" authorizing an attorney to
practice before the bankruptcy court consists solely of the
federal rules for admission to the federal bar, and does not
include the state rules for admission to the state bar, unless
referenced in the federal rules.
The bankruptcy court erred in sanctioning an
attorney who was not licensed to practice in the State
where the Court was located (but was licensed in another
State), and whose practice was limited to federal bankruptcy
law counseling. |
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June
3, 2002
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Case
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Court
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Holding
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In
re Boston Regional Medical Center
(DBN Subscription Required) |
1st Cir. |
A
debtor's obligation to reimburse the State for unemployment
benefits paid as a result of layoffs shortly after the
petition date is not a tax and is not entitled to priority. |
In
re Equipment Services, Inc.
(DBN Subscription Required) |
4th Cir. |
Widening
a split in the Circuits, the 4th Circuit holds that the
Bankruptcy Code does not permit compensation to a debtor's
attorney after a Chapter 11 case is converted to Chapter 7. |
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