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New Cases For the Week of February 25, 2008 - February 29, 2008
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Click here to search prior New Opinion summaries.
| February 28, 2008 |
Case |
Court |
Holding |
In re Dumont
(DBN Subscription Required) |
9th Cir. BAP |
The 2005 bankruptcy amendments effectively overruled In re Parker and its progeny (allowing a debtor current on payments to retain without reaffirming),
fundamentally changing the way bankruptcy courts and individual
debtors in chapter 7 deal with purchase money secured claims on
personal property. |
In re Hupp
(DBN Subscription Required) |
9th Cir. BAP |
An election to have a bankruptcy appeal heard by the district court instead of the BAP is ineffective if the writing in which it is made contains anything
other than such an election. |
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| February 27, 2008 |
Case |
Court |
Holding |
In re Quigeley Company
(DBN Subscription Required) |
Bankr. SD NY |
A plan ballot soliciting votes of asbestos claimants did not have to require the claimants to provide information necessary to determine if their claims were subject to the the laws of certain States (i.e., asbestos tort reform States) in which claimants with non-malignant impairments and who cannot produce certain medical evidence are precluded from prosecuting their causes of action in State court.
Such claimants hold "claims" under the Bankruptcy Code, since they may have a right to payment upon occurrence of a contingency. Moreover, the tort reform frameworks delay and preserve claimants causes of action under State law. |
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| February 26, 2008 |
Case |
Court |
Holding |
In re Haberman
(DBN Subscription Required) |
10th Cir. |
A bankruptcy trustee who successfully avoids a lien pursuant to 11 U.S.C. §§ 544 and 551 preserves for the bankruptcy estate the value of the avoided lien, but does not automatically assume other rights the original lienholder may have against the debtor. |
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