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New Cases For the Week of September 8,
2003 - September 12, 2003
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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September
12, 2003
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Case
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Court
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Holding
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In
re Eliapo
(DBN Subscription Required) |
9th
Cir. BAP |
In
a court which applies a presumptive
"no look" local rule for
standard Chapter 13 fees (but allows fee
applications for amounts in excess of the
presumptive baseline), the court did not
err in taking a "two-step"
approach to analysis of a fee application
for amounts in excess of the baseline.
First, it applied a "normal and
customary" standard derived from the
court's formal guidelines to determine
whether there were any unusual or
extraordinary circumstances in the case or
whether the standard fee schedule for
chapter 13 services was appropriate. Then,
to those services which it determined were
more than just routine, the bankruptcy
court applied the lodestar approach
(reasonable number of hours multiplied by
a reasonable hourly rate) to determine the
reasonableness of any additional fees. |
In
re Dorner
(DBN Subscription Required) |
7th
Cir. |
A
local rule or standing order limiting the
record on bankruptcy appeals to the
district court to the notice of appeal,
the order and the docket sheet was
invalid. |
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September
10, 2003
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Case
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Court
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Holding
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In
re Exide Technologies, Inc.
(DBN Subscription Required) |
Bankr.
De. |
The
Creditors' Committee complaint seeking
recharacterization of $250,000,000 in debt
failed on its face to state a claim.
However, the Committee's cause of action
for equitable subordination (based on: (i)
the banks' receipt of transactional fees
from an ill-fated acquisition of the
debtor, (ii) the banks taking of
substantial new collateral as the debtor
slid deeper into insolvency, and (iii)
delaying the bankruptcy filing to mitigate
avoidance action risks) stated a
cognizable claim. The Committee's
cause of action against the banks based on
insider "control" status were
also sufficiently pled. The "savings
clause" provisions in the debtor's
subsidiaries upstream guarantees were also
insufficient to protect, as a matter of
law, the guaranty transactions from
fraudulent transfer
challenges. |
In
re Coho Resources, Inc.
(DBN Subscription Required) |
5th
Cir. |
A
creditor's failure to file a proof of
claim does not bar postdischarge pursuit
of a nominal claim against the debtor in
order to collect against the debtor's
insurance.
Violations
are merely "voidable" and are
subject to discretionary "cure."
State courts routinely and properly rule
on the applicability of a bankruptcy
stay. |
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September
8, 2003
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Case
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Court
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Holding
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In
re Perry
(DBN Subscription Required) |
5th
Cir. |
The
operation of a non agricultural business
on a rural Texas homestead does not
necessarily sacrifice the homestead
character of that portion of the property. |
In
re Midkiff
(DBN Subscription Required) |
10th
Cir. |
Rule
9024 of the Federal Rules of Bankruptcy
Procedure may be used to provide relief
from a bankruptcy discharge order. |
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