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New Cases For the Week of December 1, 2003 -
December 5, 2003
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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December
5, 2003
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Case
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Court
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Holding
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Mellon
Bank, N.A. v. Dick Corporation
(DBN Subscription Required) |
7th
Cir. |
The
right to recover a preference
is an asset of the estate that
may be assigned or distributed
to a particular class of
creditors to satisfy their
entitlements. A
preference recovery inuring
solely for the use of secured
creditors can be "for the
benefit of the estate,"
as required by the Bankruptcy
Code. |
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December
4, 2003
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Case
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Court
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Holding
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In
re Davis
(DBN Subscription Required) |
Bankr.
N.D. Tex. |
To
protect the integrity of the
system, sanctions are
warranted against a law firm
that intentionally submitted a
materially erroneous form of
agreed order and then failed
to correct the order when
notified by opposing counsel. |
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December
2, 2003
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Case
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Court
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Holding
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In
re Vincent
(DBN Subscription Required) |
8th
Cir. BAP |
An
order denying a modification
to a Chapter 13 plan is not
final for purposes of appeal. |
In
re Spencer
(DBN Subscription Required) |
8th
Cir. BAP |
An
appeal of an order denying a
Ch. 13 hardship discharge is
rendered moot by dismissal of
the bankruptcy case. |
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