New Cases For the Week of June 2,
2003 - June 6, 2003
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
June
5, 2003
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Case
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Court
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Holding
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In
re Dynamic Brokers, Inc.
(DBN Subscription Required) |
9th
Cir. BAP |
The
comprehensive chapter 11 statutory scheme
defines the minimum due process for
dealing with creditors, requires
compliance with the claim objection
procedures, and precludes using a chapter
11 plan provision as the means to reduce a
claim that is "deemed allowed"
without the creditor's consent |
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June
3, 2003
|
Case
|
Court
|
Holding
|
In
re Hoffinger Industries, Inc.
(DBN Subscription Required) |
8th
Cir. |
The
bankruptcy court did not abuse its
discretion in annulling the stay to
rehabilitate a notice of appeal filed in a
state court by the
debtor/debtor-in-possession. |
Bank
of America, N.A. v. Moglia
(DBN Subscription Required) |
7th
Cir. |
Although
it is arguable that a rabbi trust could
expose its assets to non-employee secured
claims, the trust here was drafted to
limit access to its assets to the debtor's
general unsecured creditors and the holder
of a blanket lien on the debtor's assets
could not claim a lien on the assets of
the rabbi trust under the category of
"general intangibles" or
"accounts." |
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