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New Cases For the Week of January 1, 2007 - January 5, 2007
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Click here to search prior New Opinion summaries.
January 11, 2007 |
Case |
Court |
Holding |
LaSalle Bank v. Francis Takes
(DBN Subscription Required) |
8th Cir. |
In a Chapter 7 bankruptcy proceeding, the district court properly applied Iowa Code sections 560.20 and .21 in limiting the debtors' homestead exemption in a condominium to the proceeds of their prior leasehold interest that were reinvested to purchase the property in 2004 |
In Re: Christine H. Lazarus
(DBN Subscription Required) |
1st Cir. |
Refusal to set aside a mortgage in a bankruptcy proceeding is vacated and remanded where: 1) there was a preferential transfer under 11 U.S.C. section 547(b) and 2) the transferred mortgage was not rescued from avoidance by any exception to section 547(b) provided by section 547(c). |
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January 10, 2007 |
Case |
Court |
Holding |
In re The IT Group, Inc.
(DBN Subscription Required) |
Bankr. DE |
The term "settlement payment" is to be applied broadly
to any transfer of stock or cash to pay for stock regardless of whether the transaction involves a clearing agency.
The Court did not err in finding that a preference was not avoidable because it was made through a settlement payment. |
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