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New Cases For the Week of August 27, 2007 - August 31, 2007
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August 27, 2007 |
Case |
Court |
Holding |
In re Meridian Automotive Systems
(DBN Subscription Required) |
Bankr. DE |
Where a critical vendor/creditor received payment of its pre-petition claim, and then later breached its critical contract with the debtor, the creditor was required to return the funds representing its pre-petition claim pursuant to the critical vendor agreement. |
In re Lopez
(DBN Subscription Required) |
9th Cir. BAP |
The bankruptcy court did not err in permitting a Ch. 13 debtor to pay his non-arrears mortgage payments directly, rather than to a Ch. 13 trustee. |
In re Trejos
(DBN Subscription Required) |
9th Cir. BAP |
A secured creditor with a lien on an automobile who receives his claim by assignment is entitled to the anti-cramdown protection of section 1325(a). The fact of assignment did not eliminate the "purchase money" character of the debt. |
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