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New Cases For the Week of September 22,
2003 - September 26 2003
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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September
26, 2003
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Case
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Court
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Holding
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In
re Kiwi International Air Lines, Inc.
(DBN Subscription Required) |
3rd
Cir. |
The
assumption of a contract under 11 U.S.C.
§ 365 bars a preference claim by a
trustee.
Section
1110 of the Bankruptcy Code precludes a
trustee from bringing a preference action
to recover payments made on aircraft
equipment leases. |
In
re Spookyworld, Inc.
(DBN Subscription Required) |
1st
Cir. |
A
corporation cannot bring suit under
section 362(h). Even if the debtor
corporation could have sued under section
362(h), the bankruptcy court did not err
in holding that a town's postpetition
prosecution of a building code violation
proceeding was exempt from the automatic
stay under the police powers
exception. The existence of a
"bad faith" exception to the
police powers exemption is doubtful. |
In
re Oakley
(DBN Subscription Required) |
7th
Cir. |
U.S.
currency is "intangible"
personal property within the meaning of an
Indiana exemption statute applicable in
bankruptcy. |
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September
25, 2003
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Case
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Court
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Holding
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In
re Talbert
(DBN Subscription Required) |
6th
Cir. |
A
debtor who has filed for Chapter 7
bankruptcy may not avoid a valueless lien
under §506(d). |
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September
23, 2003
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Case
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Court
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Holding
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Effjohn
International Cruise Holdings, Inc. v. A
& L Sales, Inc.
(DBN Subscription Required) |
5th
Cir. |
The
breach of an executory contract does not
create a maritime lien |
In
re AR Accessories Group, Inc.
(DBN Subscription Required) |
7th
Cir. |
A
generally applicable state law providing
for the superpriority status of certain
wage liens need not contain language
expressly providing for retroactive
perfection of the lien interest in order
to avoid the automatic stay under 11 U.S.C.
§§ 362(b)(3) & 546(b)(1)(A). |
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