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New Cases For the Week of January 13,
2003 - January 17, 2003
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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January
17, 2002
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Case
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Court
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Holding
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In
re Damon J.
(DBN Subscription Required) |
6th
Cir. |
Although
the debtors' mobile home was a
fixture to real estate, State
law required all liens on
mobile homes to be perfected
through a filing with the
Mobile Home Commission, which
the lender failed to do, thus
warranting avoidance the
lender's lien. |
In
re Spadoni
(DBN Subscription Required) |
1st
Cir. |
The
bankruptcy court erred in finding that a
creditor did not justifiably rely on a
debtor's fraudulent statement when the
creditor failed to take action for several
months. The test for justifiable
reliance is "creditor friendly."
A creditor is not obliged to investigate
statements made to him, although he cannot
shut his eyes to an obvious falsehood. |
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January
14, 2002
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Case
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Court
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Holding
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In
re Jan Weilert RV, Inc.
(DBN Subscription Required) |
9th
Cir. |
When
evaluating an ordinary course
of business defense in a
preference action, the
bankruptcy court should not
limit its consideration to the
average transaction in the
industry but instead should
consider the broad range of
practices that are not unusual
in the industry. |
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