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New Cases For the Week of December 3, 2007 - December 7, 2007
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Click here to search prior New Opinion summaries.
December 7, 2007 |
Case |
Court |
Holding |
In re Winstar Communications, Inc.
(DBN Subscription Required) |
Bankr. DE |
Special litigation counsel who had been employed on a contingency basis, and who had prevailed in a $300M judgment pending on appeal, were precluded by section 504 (prohibition on fee sharing) from entering into a hedging transaction with a third party that would insure payment of part of their contingency fee. |
In re Exide Technologies
(DBN Subscription Required) |
Bankr. DE |
The time for testing whether there are material unperformed obligations on both sides of a contract is
when the bankruptcy petition is filed. |
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December 6, 2007 |
Case |
Court |
Holding |
In re Farmland Industries, Inc.
(DBN Subscription Required) |
8th Cir. BAP |
The bankruptcy court lacks subject matter jurisdiction over a complaint between non-debtor entities seeking damages for intentional interference with a business expectancy and civil conspiracy |
In re Smith
(DBN Subscription Required) |
10th Cir. BAP |
The bankruptcy court did not err in finding that it lacked jurisdiction to grant a disbarred attorney/debtor's request that the bankruptcy court order the state bar to reinstate the attorney. |
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December 3, 2007 |
Case |
Court |
Holding |
In re Wind N' Wave
(DBN Subscription Required) |
9th Cir. |
Although section 503(b)(4) is silent as to allowability of attorney's fees to a petitioning involuntary creditor in connection with an appeal, such fees are allowable. |
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