New Cases - Week of October 4, 2004

October 15 , 2004
Case	Court	Holding

Regions Bank v. J.R. Oil Company, LLC (DBN Subscription Required)	8th Cir.	Because a creditor bank neither raised the issue of fraud during a bankruptcy nor timely moved to set aside the bankruptcy sale of its collateral, the bank's RICO claims (based upon alleged fraud in the procurement of a loan and the subsequent transfer and use of the collateral for the loan before and during a bankruptcy, culminating in a bankruptcy sale) were an impermissible collateral attack on the final sale judgment of the bankruptcy court.
In re Gilbertson Restaurants, LLC (DBN Subscription Required)	8th Cir.	The bankruptcy court erred in granting permission to pursue an interlocutory appeal of its interim ruling allowing employment of allegedly conflicted counsel. An interlocutory appeal of this ruling required a fully developed factual record.

October 14 , 2004
Case	Court	Holding

In re GPR Holdings (DBN Subscription Required)	Bankr. N.D. Tex.	Summary judgment evidence that a counterparty to a contract was not a producer, distributor or end-user of natural gas, does not translate into a fact that the counterparty was a forward contract merchant.
In re W.R. Grace & Co. (DBN Subscription Required)	Bankr. De.	Although equitable indemnity owed to a co-tortfeasor may not be sufficient to trigger "related to" jurisdiction (because the indemnity does not arise automatically), contractual indemnity is a sufficient basis for "related to" jurisdiction. Because establishment of asbestos claims against a non-debtor insured would give rise to a direct contractual claim for indemnity by the insurer against the debtor, a supplementary injunction was warranted to prohibit such litigation.