New Cases For the Week of June 2, 2003 - June 6, 2003

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June 5, 2003

Case

Court

Holding

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

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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