New Cases - Week of January 29, 2007

New Cases For the Week of January 29, 2007 - February 2, 2007

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February 2 , 2007
Case	Court	Holding

In re: Nicole Energy Services, Inc. (DBN Subscription Required)	6th Cir. BAP	The bankruptcy court did not violate due process requirements by failing to conduct a separate, second hearing to determine the lodestar reasonableness of attorneys fees awarded as sanctions. Nor did the court err in relying on affidavits alone to determine the amount of the sanctions.

January 31, 2007
Case	Court	Holding

In Re: Donald J. Wilding (DBN Subscription Required)	1st Cir.	Denial of motion to avoid judicial lien on debtor's residence under 11 U.S.C. section 522(f)is remanded where the lien itself need not exist at the moment the debtor files a motion to avoid for section 522(f) to apply
In re Enron Corp. (DBN Subscription Required)	2nd Cir.	Dismissal of bankruptcy appeal for failure to comply with Rule 8009 of the Federal Rules of Bankruptcy Procedure is reversed as Rule 8009's 15-day time limit for the filing of appellant's brief is only triggered once the appeal is docketed and notice that the appeal has been docketed is sent to the parties and not by the docketing of a bankruptcy appeal by the district court clerk alone.

January 30, 2007
Case	Court	Holding

In re Anda-Ramirez
(DBN Subscription Required)

10th Cir. BAP.

The bankruptcy court did not err in using the Kelly Blue Book "private party value" as the valuation for the debtor's automobile rather than the Kelly Blue Book "retail value."

Although BAPCPA requires the court to value a vehicle based upon the "price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined," the Kelly Blue Book retail value assumes a vehicle in "excellent" condition and explicitly states that it is not a transaction value, but rather a starting value for negotiating purposes.

January 29, 2007
Case	Court	Holding

In re: Color Tile, Inc. (DBN Subscription Required)	3rd Cir.	In case involving allegations of fraudulently transferred dividends, summary judgment for defendant on statute of limitations grounds is vacated where the district court could not properly determine as a matter of law that the defendant did not receive imputed notice under Federal Rule of Civil Procedure 15(c).