New Cases - Week of October 15, 2007

New Cases For the Week of October 15, 2007 - October 19, 2007

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October 19, 2007
Case	Court	Holding

In re Enron Creditors Recovery Corp.
(DBN Subscription Required)

Bankr. S.D.N.Y.

A business record may include data stored electronically on computers and later printed out for presentation in court, as long as the original computer data compilation was prepared pursuant to a business duty in accordance with regular business practice. The fact that the records were retrieved from a computer storage system during litigation does not make them documents prepared for litigation.

If a debtor misrepresented that it was an individual's "employer" in order to facilitate stock options for the individual, such a relationship was not "in the ordinary course of business" for purposes of a preference defense.

October 18, 2007
Case	Court	Holding

In re Marketxt Holdings Corp. (DBN Subscription Required)	Bankr. S.D.N.Y.	Where an affidavit established that transactions were effected with the actual intent to hinder or delay creditors (albeit with a good faith belief in the propriety of the transactions), and numerous badges of fraud were present, the plaintiff was entitled to summary judgment on a claim that the transfers effected by the transactions were avoidable as actually fraudulent transfers
In re Compania de Alimentos Fargo, S.A. (DBN Subscription Required)	Bankr. S.D.N.Y.	Funds which held the majority of institutional debt owed by an Argentine company which was the subject of a reorganization proceeding in Argentina were not entitled to involuntary relief against the debtor in the United States.

October 15, 2007
Case	Court	Holding

In re Valley Foods Services, LLC (DBN Subscription Required)	8th Cir. BAP	An adversary proceeding defendant who failed to file a timely answer or attend the scheduling conference was not entitled to relief form a default judgment merely because there was a valid dispute regarding whether liability existed.