New Cases For the Week of September 9, 2002 - September 13, 2002

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September 13, 2002

Case

Court

Holding

In re Nerland Oil, Inc.
(DBN Subscription Required)
8th Cir. A creditor's right of setoff was inferior to an IRS tax lien first filed of record two years after the creditor attempted to assert the setoff right.

September 12, 2002

Case

Court

Holding

In re World Auxiliary Power Co.
(DBN Subscription Required)
9th Cir. State law governs perfection of a security interest in an unregistered copyright.

September 10, 2002

Case

Court

Holding

In re Caldor Corp.
(DBN Subscription Required)
2nd Cir. 11 USC 1109 creates an unconditional statutory right for parties in interest to intervene in adversary proceedings that occur in connection with a Chapter 11 bankruptcy case.
SNA Nut Co. v. Hagendazs Company, Inc.
(DBN Subscription Required)
7th Cir. A claim which has been disallowed (as opposed to withdrawn) subjects the claim holder to the equitable jurisdiction of the bankruptcy court and deprives the holder of a right to jury trial.
 
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