|
New Cases For the Week of January 15, 2007 - January 19, 2007
Brought to you by BKINFORMATION.COM - The Source for Business Bankruptcy Information on the Internet
Click here to search prior New Opinion summaries.
January 19, 2007 |
Case |
Court |
Holding |
In re Johns-Manville Corp.
(DBN Subscription Required) |
2nd Cir. |
The time limit to file a cross appeal must be enforced when it is properly invoked by an adverse party. Denial of motion to extend time to file notice of appeal in bankruptcy case is affirmed as, under the strict standard governing "excusable neglect," the district court acted within its discretion in denying the motion for an extension of time to appeal. |
Holdeman v. Devine
(DBN Subscription Required) |
10th Cir. |
In a class action suit brought by participants in an ERISA-governed medical benefit plan who were left with significant medical bills when their employer failed to properly fund the plan and filed for bankruptcy, summary judgment for defendant, who simultaneously served as an officer of the employer and as a plan fiduciary, is affirmed in part as the district court properly concluded that defendant's decisions regarding plan-funding were purely business decisions that did not implicate his fiduciary duties to the plan. The judgment is reversed in part due to the district court's failure to properly address certain issues. |
| |
|
|
January 18, 2007 |
Case |
Court |
Holding |
In re: Olympic Mills Corp.
(DBN Subscription Required) |
1st Cir. |
Bankruptcy Appellate Panel decision subjecting defendant-appellant to over $3 million in liability for retaining loan payments in breach of trust is affirmed where: 1) the unambiguous language of the subordination agreement in question covered loans made after the execution of the agreement; 2) defendant cannot support an argument for equitable estoppel without a showing that he was induced to rely on plaintiff's representations; and 3) defendant waived his argument that the bankruptcy court's award did not accurately reflect expectation damages |
In re: Pomona Valley Med. Group, Inc.
(DBN Subscription Required) |
9th Cir. |
An order rejecting physician's contract with bankruptcy debtor-independent practice association and an order dismissing his complaint in an adversary proceeding against debtor are affirmed in part, but reversed in part where the bankruptcy court erred in: 1) dismissing a retaliation claim under Federal Rule of Bankruptcy Procedure 7012; and 2) dismissing a cause of action alleging unfair competition. |
| |
|
|
January 17, 2007 |
Case |
Court |
Holding |
In re Millivision
(DBN Subscription Required) |
1st Cir. |
Summary judgment for a bankruptcy trustee allowing the invocation of the "strong-arm" provision against an unrecorded, unperfected security interest in the chapter 11 debtor's assets is affirmed where: 1) the appellants' argument that Bankruptcy Code sections 547(c) and (e) are exceptions to section 544(b)'s avoidance provisions was foreclosed, since sections 547(c) and (e) do not constitute "generally applicable [relation-back] law"; 2) the bankruptcy court appropriately rejected appellant's argument that the involuntary chapter 11 case did not "commence" on December 12, but on January 21, 2004, once an order for relief had been entered; and 3) appellants' lack of diligence in recording their interest precluded equitable relief. |
Stanley vs. Gonzales
(DBN Subscription Required) |
9th Cir. |
In a suit challenging the Attorney General's removal of plaintiff from her position as a United States Trustee as a violation of the separation of powers doctrine, the Appointments Clause, and her right to procedural due process, dismissal of the suit is affirmed on alternate grounds where none of the trustee's constitutional claims presented even colorable arguments. |
In re Crocker
(DBN Subscription Required) |
1st Cir. BAP |
The bankruptcy court did not abuse its discretion in reopening a bankruptcy case to adjudicate the dischargeability of a tax debt when there was a pending State proceeding regarding the same issue. |
| |
|
|
January 15, 2007 |
Case |
Court |
Holding |
In Re: Doctors Hosp. of Hyde Park, Inc.
(DBN Subscription Required) |
7th Cir. |
District court's affirmation of bankruptcy court's approval of a settlement of adversary litigation is affirmed over a creditor's arguments that: 1) the bankruptcy court clearly erred in determining the value of the settlement to the estate; 2) the bankruptcy court miscalculated the range of litigation outcomes; and 3) the court did not make an independent evaluation of the settlement. |
| |
|
|
|