New Cases For the Week of November 10, 2008 - November 14, 2008

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November 14, 2008

Case

Court

Holding

In re National School Fitness Foundation
(DBN Subscription Required)
10th Cir. The bankruptcy court did not err in dismissing claims against a fraudulent debtor's pre-petition law firm on the grounds of in pari delicto.
In re Lanning
(DBN Subscription Required)
10th Cir. The bankruptcy court did not err in using the "forward-looking approach" in calculating a Ch. 13 debtor's projected disposable income (i.e., calculating "projected disposable income" by presuming that the amount is the debtor's statutory "disposable income," subject to rebuttal upon a showing of special circumstances).
In re Meadows
(DBN Subscription Required)
6th Cir. BAP The retention of funds received from an unauthorized transfer of property of the estate in the form of the post-petition cashing of a pre-petition check does not violate the automatic stay.

 

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