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New Cases For the Week of December 6, 2004 -
December 10, 2004
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Click here to search prior New Opinion summaries.
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December 10, 2004 |
Case |
Court |
Holding |
Carrieri v. Jobs.com Inc.
(DBN Subscription Required) |
5th Cir. |
The district court did not err in holding that proofs of claims of a group of equity holders that include shares of stock (with a redemption provision) and warrants (with a repurchase provision) were "equity securities" instead of "claims" under § 101(5) and could not also give rise to "claims" independent of the equity interests |
Wiwa v. Royal Dutch Petroleum Company
(DBN Subscription Required) |
5th Cir. |
Where a party to a bankruptcy serves discovery on a nonparty through issuance of a subpoena in the nonparty's district (as required by Rule 37), and the discovery is denied by order of the local district court, the order is immediately appealable despite the normal rule that discovery orders are interlocutory. |
In re Morrow
(DBN Subscription Required) |
Bankr. DE |
A Chapter 7 debtor who is entitled to sue to recover a preference effected by a prepetition wage garnishment is not required to wait to see if the trustee will file an avoidance action on account of such transfer. So long as the trustee has not filed such an action prior to the time of the debtor's suit, the debtor has standing to pursue the relief. |
In re The Auto Ambulance Tow Service, Inc.
(DBN Subscription Required) |
Bankr. ND Ca. |
The debtor's stay violation proceeding against a city in connection with denial of debtor's tow license application would be temporarily stayed pending the conclusion of the license process from which the bankruptcy court abstained under the Younger doctrine. |
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December 8, 2004 |
Case |
Court |
Holding |
In re Burgess
(DBN Subscription Required)
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5th Cir. |
A crop disaster payment from the federal government to a farmer, who was the debtor in a closed bankruptcy case, should not be treated as property of his bankruptcy estate where the legislation authorizing the payment did not exist at the time of the bankruptcy. |
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December 7, 2004 |
Case |
Court |
Holding |
In re GI Holdings, Inc.
(DBN Subscription Required) |
3rd Cir. |
An asbestos creditors' committee was not genuinely aggrieved in a sufficient manner to create a justiciable controversy on account of the possible acquisition of new defenses by a debtor's lender as a result of a refinancing. Any potential harm to the committee could only occur if and when the lender actually asserts such a new defense in a suit by the committee. |
Wisden v. Superior Court of Los Angeles County
(DBN Subscription Required) |
Cal. App. |
The remedies of the UFTA are cumulative to the remedies applicable to fraudulent conveyances that existed before the uniform laws went into effect. A plaintiff in a fraudulent transfer action has a right to a jury trial. |
In re e2 Communications, Inc.
(DBN Subscription Required) |
Bankr. N.D. Tx. |
A release of claims is a transfer of property for avoidance purposes. |
In re Moomand
(DBN Subscription Required) |
Bankr. N.D. Tx. |
A debtor's schedules are not dispositive evidence. |
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