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New Cases For the Week of November 5, 2007 - November 9, 2007
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Click here to search prior New Opinion summaries.
November 8, 2007 |
Case |
Court |
Holding |
In re Ahern Enters. Inc.
(DBN Subscription Required) |
5th Cir. |
In a bankruptcy case, a judgment in favor of mortgage-holder holding that appellant's judgment lien was voided during the bankruptcy proceeding is affirmed as, upon confirmation of the reorganization plan, the lien was voided under 11 U.S.C. section 1141(c). |
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November 7, 2007 |
Case |
Court |
Holding |
In re Canales
(DBN Subscription Required) |
Bankr. C.D. CA |
A debtor in Chapter 7 may not claim a
transportation ownership deduction for a vehicle that she owns free and
clear of any loan or lease payments. |
In re Dana Corp.
(DBN Subscription Required) |
Bankr. S.D. NY |
Where a creditor's attorney was present at a hearing in which another similarly-situated creditor was denied mandatory abstention, and the Court specifically alerted the creditor's attorney to the similarity, the decision of the creditor to subsequently seek similar relief was close to sanctionable. |
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November 6, 2007 |
Case |
Court |
Holding |
In re Smith
(DBN Subscription Required) |
2nd Cir. |
Orders granting Chapter 7 trustee's motion to remove special personal injury counsel and denying debtor's motion to dismiss her bankruptcy action are vacated in part where the bankruptcy court exceeded the bounds of its allowable discretion in denying the debtor's motion to dismiss. |
In re Lewis
(DBN Subscription Required) |
9th Cir. |
In a bankruptcy case involving the dischargeability of a debtor's student loan obligation to the government, a judgment for the U.S. Department of Education is affirmed as: 1) the district court correctly ruled that debtor's student loans are governed by a retroactive 1998 Amendment to 11 U.S.C. section 523(a)(8)(A) which eliminated the dischargeability of his loan; 2) through its power to legislate on bankruptcies, Congress has the power to impair contractual obligations, even retroactively; 3) debtor's claim to an absolute right to a discharge in bankruptcy is rejected; and 4) debtor has not been deprived of a property interest. |
In re Suggs
(DBN Subscription Required) |
8th Cir. BAP |
The bankruptcy court erred in dismissing a debtor's adversary proceeding seeking damages for a stay violation, since the local rule upon which stay relief had been subsequently granted was invalid as in conflict with national rules and statutes. |
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November 5, 2007 |
Case |
Court |
Holding |
In re Pratt
(DBN Subscription Required) |
S.D. Tx. |
The debtors' choice to have additional children after incurring student loan debt was unreasonable thereby disqualifying them from a hardship discharge. |
In re Bancredit Cayman Limited
(DBN Subscription Required) |
Bankr. SDNY |
Foreign representatives appointed pursuant to 11 USC 1509 could not obtain a "comfort order" regarding the applicability of 11 USC 108 without noticing prospective defendants. |
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