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New Cases For the Week of December 15, 2008 - December 19, 2008
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Click here to search prior New Opinion summaries.
| December 18, 2008 |
Case |
Court |
Holding |
In re Cutter
(DBN Subscription Required) |
9th Cir. BAP |
Applicable State law (California) prevents a trust settlor from transferring his assets to the trust to shield the assets from creditors even where the settlor is not a nominal beneficiary of the trust. |
In re Stone Barn Manhattan, LLC
(DBN Subscription Required) |
Bankr. S.D. N.Y. |
Payment of the "stub rent" in the
month of filing in the amount set forth in the lease is required under § 365(d)(3). |
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| December 17, 2008 |
Case |
Court |
Holding |
In Re: Ades & Berg Group Investors
(DBN Subscription Required) |
2nd Cir. |
The Supreme Court's recent decision in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., 127 S. Ct. 1199 (2007), does not undermine the Circuit Court's instruction that courts should "act very cautiously" in applying constructive trust law in the context of bankruptcy. Recognizing different equities in bankruptcy versus nonbankruptcy contexts is a permissible transformation of the substantive law. |
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