New Cases For the Week of August 12, 2002 - August 16, 2002

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August 16, 2002

Case

Court

Holding

In re Nangle
(DBN Subscription Required)
8th Cir. BAP The bankruptcy court erred in declaring nondischargeable attorneys' fees incurred by a creditor in pursuing dischargeability litigation.
In re Canter
(DBN Subscription Required)
9th Cir. The district court erred in issuing a sua sponte withdrawal of the reference and twice denying relief from stay when the "cause" articulated for such actions was “because I said it.”

August 15, 2002

Case

Court

Holding

Startosphere Litigation LLC v. Grand Casinos, Inc.
(DBN Subscription Required)
9th Cir. The Court did not err in holding that a because the debtor party to a concurrent contractual condition had filed bankruptcy and was unable to fulfill its obligation to raise additional equity capital, the other party to the condition was not required to fund the contractual escrow.

August 14, 2002

Case

Court

Holding

In re Equinox Oil Co.
(DBN Subscription Required)
5th Cir. Under Louisiana law, the statutory liens of materialmen who performed work on debtor's wells were not superior to the previously perfected liens of the debtor's lenders.  The proceeds of the debtor's well control insurance policy were property of the debtor's estate.  The policy was in the nature of a casualty policy rather than a policy (such as a liability policy) payable for the benefit of third party insureds or injured parties.
 
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