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New Cases For the Week of February 5, 2007 - February 9, 2007
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Click here to search prior New Opinion summaries.
February 8 , 2007 |
Case |
Court |
Holding |
In re Brannon
(DBN Subscription Required) |
3rd Cir. |
The bankruptcy court erred in holding that the Bankruptcy Code allows a fractional severance of the undivided interest a spouse holds in the whole of entireties property |
In re O'Lexa
(DBN Subscription Required) |
3rd Cir. |
The doctrine of necessaries does not permit a bankruptcy trustee to avoid the exemption of a debtor's interest in entireties property under PA law. |
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February 7 , 2007 |
Case |
Court |
Holding |
USA v. Daniel Mitchell
(DBN Subscription Required) |
8th Cir. |
Income received prior to the filing of a bankruptcy petition is not included as part of the bankruptcy estate. As such, no person may be convicted of violating 18 U.S.C. section 152(1), for fraudulent concealment of estate property, for failing to disclose such income |
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February 6 , 2007 |
Case |
Court |
Holding |
US v. Milwitt
(DBN Subscription Required) |
9th Cir. |
The crime of bankruptcy fraud under 18 U.S.C. section 157 requires a specific intent to defraud an identifiable victim or class of victims of the identified fraudulent scheme. A conviction and sentence for bankruptcy fraud is reversed where the evidence presented was insufficient to sustain the verdict |
Thompkins v. Lil' Joe Records, Inc.
(DBN Subscription Required) |
11th Cir. |
In case involving a rap artist who sold copyrights to works for future royalties to a recording company that went bankrupt, summary judgment for defendants who bought copyrights from bankrupt company is affirmed where plaintiff missed his chance through the bankruptcy to recover some of the royalty money he would have been owed by the bankrupt company |
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