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New Cases For the Week of November 15, 2004 -
November 19, 2004
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Click here to search prior New Opinion summaries.
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November 19, 2004 |
Case |
Court |
Holding |
In re Commercial Loan Corp.
(DBN Subscription Required) |
Bankr. N.D. Ill. |
Judges are not like pigs, hunting
for truffles in the record. Arguments a party fails to raise in a timely fashion,
or raises but then fails to press responsibly throughout the litigation, are waived. |
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November 17, 2004 |
Case |
Court |
Holding |
In re Lexington Healthcare Group
(DBN Subscription Required) |
Bankr. DE |
In a proceeding by the Secretary of Labor against a DIP seeking to establish a statutory ERISA trust against estate funds, the DIP's lender was a necessary party, since the adjudication would affect its rights. |
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November 16, 2004 |
Case |
Court |
Holding |
Pincay v. Andrews
(DBN Subscription Required) |
9th Cir. |
"This appeal represents a lawyer’s nightmare."
Per se rule denying relief for claim of excusable neglect in missing filing deadline was contrary to Supreme Court precedent. |
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November 15, 2004 |
Case |
Court |
Holding |
In re Brown
(DBN Subscription Required) |
Bankr. N.D. Tex. |
An innocent creditor who, without knowledge of the pendency of bankrutpcy, proceeded to obtain a judgment and sanctions against the debtor during the debtor's three bankruptcy cases was not entitled to annulment of the automatic stay to validate its secured position as to debtor's National Football League deferred contract payments. |
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