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New Cases For the Week of July 22, 2002
- July 26, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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July
26, 2002
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Case
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Court
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Holding
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Sponaugle
v. First Union Mortgage Corp.
(DBN Subscription Required) |
3rd
Cir. |
A
creditor's attorney's fees
incurred post-confirmation in
connection with relief from a
postconfirmation ddefault are
not subject to 506(b). |
In
re Kresler
(DBN Subscription Required) |
3rd
Cir. |
Although
a secured creditor's claim was
disallowed for being filed one
day late, the creditor's lien
survived the disallowance as
an in rem claim, and the
creditor had standing to
object to the debtor's plan,
which attempted to
characterize the disallowed
claim as a secured claim with
a value of "zero." |
In
re Perry Hollow Management
Co., Inc.
(DBN Subscription Required) |
1st
Cir. |
The
bankruptcy court did not err
in finding that a secured
creditor's security interest
was unperfected becuase it was
filed in the wrong town (for
debtors which only do business
in one town, State law
requires filing with the
Secretary of State and in the
town where the debtor
operates). |
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July
24, 2002
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Case
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Court
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Holding
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In
re Gandy
(DBN Subscription Required) |
5th
Cir. |
Although
debtor's adversary proceeding
claims contained many of the
facts at issue in pending
prepetition State court
litigation, and some of the
claims were not core claims,
the majority of the claims
were core claims arising under
the Bankruptcy Code, and thus
the Bankruptcy Court did not
abuse its discretion in
declining to stay the debtor's
adversary proceeding pending
contractual arbitration. |
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July
23, 2002
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Case
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Court
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Holding
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APS
Sports Collectibles, Inc. v.
Sports Time, Inc.
(DBN Subscription Required) |
7th
Cir. |
The
UFTA does not create personal
liability for nondebtor
corporate officers and
directors who participate in a
fradulent transfer |
In
re Apex Oil Co.
(DBN Subscription Required) |
8th
Cir. |
A
contingency fee lawyer's
failure to maintain
contemporaneous billing
records warranted reduction of
the fees sought by several
hundred thousand dollars. |
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July
22, 2002
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Case
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Court
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Holding
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In
re Bliemeister
(DBN Subscription Required) |
9th
Cir. |
Sovereign
immunity is
quasi-jurisdictional in
nature. It may be forfeited
where the State fails to
assert it and therefore may be
viewed as an affirmative
defense. Where a State
made a tactical decision to
delay asserting an immunity
defense, the defense was
waived. To allow a State to
assert sovereign immunity
after listening to a court's
substantive comments on the
merits of a case would give
the state an unfair advantage
when litigating suits. |
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