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New Cases For the Week of December 10, 2007 - December 14, 2007
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December 14, 2007 |
Case |
Court |
Holding |
In re Wagers
(DBN Subscription Required) |
10th Cir. |
In an appeal arises out of an adversary proceeding brought by a bankruptcy trustee against the bankruptcy debtors and a law firm representing them, a Bankruptcy Appellate Panel decision reversing a ruling in favor of the law firm is affirmed for the reasons stated by the BAP where: 1) funds held by the firm as a retainer for post-petition legal services were estate property; and 2) estate property could not be used to compensate the firm for post-petition legal services. |
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December 12, 2007 |
Case |
Court |
Holding |
In re Khalil
(DBN Subscription Required) |
9th Cir. BAP |
Evidence of reckless indifference to schedule accuracy may be
probative of intent even though reckless indifference alone does
not suffice to establish the requisite intent. |
In re Urban Communicators PCS Limited Partnership
(DBN Subscription Required) |
Bankr. SDNY |
Although an oversecured creditor had a contractual entitlement to default interest and compound interest (which, combined, resulted in an effective interest rate of 38%), usury limitations, and equity considerations limited the creditor's interest entitlement to 25%. |
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December 11, 2007 |
Case |
Court |
Holding |
Hale v. US Trustee
(DBN Subscription Required) |
9th Cir. |
In an appeal brought by an attorney, arising after a bankruptcy court found he failed to honor his legal and ethical obligations in assisting certain debtors' with their bankruptcy application, an order denying his request for a jury trial on the reasonableness of his attorney fees, disgorging him of his fees, and sanctioning him is affirmed where: 1) the Seventh Amendment does not include a right to a jury trial on the reasonableness of attorney fees in bankruptcy proceedings; and 2) the bankruptcy court did not abuse its discretion in disgorging him of his attorney's fees nor in sanctioning him. |
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December 10, 2007 |
Case |
Court |
Holding |
In re WorldCom, Inc.
(DBN Subscription Required) |
Bankr. SDNY |
Where a bankruptcy court had previously adjudicated a creditor's proof of claim, the filing of the claim nevertheless eliminated the creditor's right to a jury trial on the debtor's affirmative claim for relief where the debtor's claim arose from the same set of operative facts as the proof of claim. |
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