New Cases For the Week of April 23, 2007 - April 27, 2007
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April 27, 2007 |
Case |
Court |
Holding |
In re: Brown
(DBN Subscription Required) |
9th Cir. |
A minute entry that merely grants summary judgment, without more, does not become a final, appealable judgment just because it has been signed by the judge. |
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April 26, 2007 |
Case |
Court |
Holding |
In re Harbin
(DBN Subscription Required) |
9th Cir. |
A bankruptcy court considering the feasibility of a plan of reorganization under 11 U.S.C. section 1129(a)(11) must evaluate the possible effect of a debtor's ongoing civil case with a potential creditor, whether that litigation is pending at the trial level or on appeal.
Also, under limited circumstances, a bankruptcy court may exercise its equitable powers to grant retroactive approval of a post-petition financing transaction pursuant to 11 U.S.C. section 364(c)(2). |
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April 23, 2007 |
Case |
Court |
Holding |
In re Scotia Development, LLC
(DBN Subscription Required) |
Bankr. S.D. Tx. |
Filing a motion claiming improper venue where venue is facially proper is potentially punishable by sanctions.
Where most institutional creditors were located in New York, retaining venue in Texas, rather than the Northern District of California, was warranted, since Texas was half the distance from New York. |
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