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New Cases For the Week of April 5, 2004 -
April 9, 2004
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
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April
8, 2004
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Case
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Court
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Holding
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Krystal
Energy Co. v. Navajo Nation
(DBN Subscription Required) |
9th
Cir. |
Congress
abrogated the sovereign
immunity of Indian tribes
under 11 U.S.C. §§ 106(a)
and 101(27). |
In
re Badgley
(DBN Subscription Required) |
Bankr.
E.D. Mich. |
A
lessor is not entitled to
administrative rent for the
period of use between the
petition date and rejection
when a debtor rejects a lease.
Due to the rejection, any
claim of the lessor becomes an
unsecured prepetition
claim. |
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April
7, 2004
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Case
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Court
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Holding
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In
re Smith
(DBN Subscription Required) |
Bankr.
ND IL |
A
retail value standard should
be used for redemption of
personal property under 11 USC
722. |
In
re MCS/Texas Direct, Inc.
(DBN Subscription Required) |
Bankr.
ND TX |
A
party to an executory contract
with a debtor has no claim
against the estate until
rejection of the contract.
Therefore, the claim arising
from the rejection of an
executory contract includes
prepetition arrearages due
under that contract. |
In
re Farmland Industries, Inc.
(DBN Subscription Required) |
Bankr.
WD MO |
Although
objections to a creditor's
claim were core proceedings,
the issues arising in such
litigation were issues of
State law and di not involve
any issues unique to
bankruptcy law. Hence
the creditor was entitled to
relief from stay and
arbitration of the dispute
pursuant to an arbitration
clause in its contract with
the debtor. |
In
re Anderson
(DBN Subscription Required) |
8th
Cir. BAP |
The
bankruptcy court erred in
confirming a plan that
determined the nature, extent
or validity of a lien without
an adversary proceeding. |
In
re Golf LLC
(DBN Subscription Required) |
Bankr.
NE |
Where
a plan did not retain
jurisdiction to approve free
and clear sales, the court had
no such jurisdiction. |
In
re Mohlman
(DBN Subscription Required) |
Bankr.
NE |
A
payment of a bonus by an
insolvent debtor was
indicative of willfulness and
malice for dischargeability
purposes because such payment
was certain to cause harm to
the debtor's creditor. |
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April
6, 2004
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Case
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Court
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Holding
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In
re CXM. Inc.
(DBN Subscription Required) |
Bankr.
N.D. IL |
Where
the net sale proceeds of a
free and clear sale were
insufficient to pay in full
the junior secured claim of a
creditor who had objected to a
$200,00 overbid fee, the
over-bid fee was allowed as an
administrative expense, but
the sales proceeds were to be
paid to the secured creditor. |
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April
5, 2004
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Case
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Court
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Holding
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In
re Porrazzo
(DBN Subscription Required) |
Bankr.
CT |
The
presence of a disability is an
important factor in assessing
whether undue hardship exists
warranting discharge of a
student loan. A debtor who
suffered from autism, and was
unable to work due to that
disability, was entitled to an
undue hardship discharge. |
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