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New Cases For the Week of October 1, 2007 - October 5, 2007
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October 5, 2007 |
Case |
Court |
Holding |
In re Calpine Corp.
(DBN Subscription Required) |
Bankr. SDNY |
The Equity Committee was not entitled to a stay of the court's ruling approving the debtor's disclosure statement while the Committee attempts to pursue an interlocutory appeal of the ruling. |
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October 2, 2007 |
Case |
Court |
Holding |
In re El Toro Materials
(DBN Subscription Required) |
9th Cir . |
In an adversary proceeding involving the bankruptcy estate of a mining company and claims of waste, nuisance, trespass and breach of contract, a ruling finding that appellant-church's recovery would be limited by a statutory provision is reversed as a rule capping damages "resulting from the termination of a lease of real property," 11 U.S.C. section 502(b)(6), does not limit the bankruptcy estate's liability for allegedly leaving one million tons of its wet clay "goo," mining equipment and other materials on appellant-church's property after rejecting its lease. |
Suter v. Goedert
(DBN Subscription Required) |
9th Cir. |
In a bankruptcy appeal involving a dispute over one of the estate's assets, a legal malpractice lawsuit, a judgment dismissing appellant's appeal from the bankruptcy court as moot is reversed where: 1) the bankruptcy court erred in assuming mootness to adjudicate a motion to stay a decision awarding the asset to the defending lawyers, which if decided on the merits, would have controlled the mootness question; and 2) the district court simply compounded the mootness error in its decision. |
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