New Cases - Week of May 10, 2004

New Cases For the Week of May 10, 2004 - May 14, 2004

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May 13, 2004
Case	Court	Holding

Randolph v. IMBS, Inc. (DBN Subscription Required)	7th Cir	The Bankruptcy Code does not preempt the FDCPA in connection with stay violations.
In re Bender (DBN Subscription Required)	8th Cir.	A request for an undue hardship discharge of student loans by a Chapter 13 debtor is premature until the plan is completed since a Chapter 13 discharge is not granted until then.

May 12, 2004
Case	Court	Holding

California Public Employees' Retirement System v. WorldCom, Inc. (DBN Subscription Required)	2d Cir.	The anti-removal provision in the Securities Act, 15 U.S.C. § 77v(a), did not preclude removal of the individual actions under the bankruptcy removal statute, 28 U.S.C. § 1452(a).
In re United Airlines, Inc. (DBN Subscription Required)	7th Cir.	A credit card merchant agreement is not a "financial accommodation" that cannot be assumed in bankruptcy

May 11, 2004
Case	Court	Holding

In re Southern Health Care of Arkansas (DBN Subscription Required)	8th Cir. BAP	Where a debtor never received documents of title evidencing its ownership of an interest in a medical practice, note payments made by the debtor to the former owner of the practice were not made in exchange for reasonably equivalent value, and were avoidable as fraudulent transfers.
In re Drenttel (DBN Subscription Required)	8th Cir. BAP	Where debtors purchased a homestead in Arizona, but filed bankruptcy in Minnesota (because they had lived in Arizona less than 90 days), and claimed a Minnesota homestead exemption for their Arizona house, the bankruptcy court erred in denying the exemption.

May 10, 2004
Case	Court	Holding

In re Tran (DBN Subscription Required)	9th Cir. BAP	Dismissal implicitly revokes, or at least modifies, some orders not enumerated in § 349(b). Where a debtor obtains authority to sell an estate asset contingent upon use of the proceeds to pay unsecured creditors, and then, before the assets are distributed, dismisses the case, the funds belong to the debtor, not to the creditors.
In re Crites (DBN Subscription Required)	Bankr. N.D. Tx.	When seeking approval of substantial Chapter 11 professional fees and expenses in a failed Chapter 11, the professional must, at a minimum, provide some explanation for and justification for services provided in connection with preparation of a plan and disclosure statement. Absent such explanation, the court may disallow or decrease the amount of fess requested for such work.

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