New Cases For the Week of December 17, 2007 - December 21, 2007

Brought to you by BKINFORMATION.COM - The Source for Business Bankruptcy Information on the Internet 

Click here to search prior New Opinion summaries.

 

December 18, 2007

Case

Court

Holding

In re Continental Coin Corp.
(DBN Subscription Required)
Bankr. N.D. Ca. A trustee is entitled to immunity from negligence claims, but not as to acts of gross negligence or willful and deliberate violation of her duty of care as a fiduciary. Averments of breach of business judgment are not actionable.
In re Hashim
(DBN Subscription Required)
9th Cir. BAP If a court does not authorize a creditor under 11 U.S.C. § 503(b)(3) to recover, for the benefit of the estate, property that was transferred or concealed by the debtor, then Federal Rules of Civil Procedure 17(a) and 19(a) require that the court realign as plaintiff a bankruptcy trustee who is a defendant.
     

December 18, 2007

Case

Court

Holding

Bosiger v. US Airways, Inc.
(DBN Subscription Required)
4th Cir. In suit against airline, that emerged from its second bankruptcy, alleging that defendant had improperly terminated plaintiff's pension during its first bankruptcy, dismissal of claim is affirmed as it was barred since plaintiff failed to file a proof of claim during defendant's second bankruptcy.
     

 

Copyright 2007  [BKINFORMATION.COM]. All rights reserved.