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