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New Cases For the Week of February 11, 2008 - February 15, 2008
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Click here to search prior New Opinion summaries.
| February 14, 2008 |
Case |
Court |
Holding |
In re Adelphia Communications Corp.
(DBN Subscription Required) |
Bankr. SD NY |
Interlocutory appeals are strongly disfavored in federal practice. Movants cannot invoke the appellate process "as a vehicle to provide early review of difficult rulings in hard cases."
The debtor was not entitled to interlocutory review of the bankruptcy court's order denying summary judgment on certain claims asserted by a creditor where trial on the entire panoply of claims was scheduled in the near future, and there was no evidence that resolution of the subset of claims for which interlocutory review was sought would eliminate the need for trial or result in global settlement. |
In re Bryan Road, LLC
(DBN Subscription Required) |
Bankr. SD FL |
A prepetition workout agreement in which the Debtor consented, on the eve of a foreclosure sale, to stay relief in the event the Debtor subsequently filed a bankruptcy case, was enforceable in a subsequent bankruptcy. |
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| February 12, 2008 |
Case |
Court |
Holding |
Jewelcor Inc v. Karfunkel
(DBN Subscription Required) |
3rd Cir. |
Denial of defendants' motion to dismiss a breach-of-lease claim brought by plaintiffs on statute-of-limitations grounds, and a judgment and award of attorney's fees for plaintiffs, are reversed in part and vacated in part where the district court should have granted defendants' motion to dismiss where, since a Pennsylvania savings statute would not permit plaintiff to pursue its time-barred claim in a state court, the statute could not preserve the claim in a federal court. |
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