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New Cases For the Week of March 31, 2008 - April 4, 2008
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Click here to search prior New Opinion summaries.
| April 2, 2008 |
Case |
Court |
Holding |
In the Matter Of: Seven Seas Petroleum Inc.
(DBN Subscription Required) |
5th Cir. |
In a case involving a secured creditor of a bankrupt corporation that was sued by an unsecured creditor of the same corporation in state court and removed the claims against it to federal court, a ruling denying the unsecured creditor's motion to remand the case and dismissing the claims is vacated where, contrary to the rulings below, the claims are not property of the bankruptcy estate and must be remanded to state court. |
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| April 1, 2008 |
Case |
Court |
Holding |
In re Thayer
(DBN Subscription Required) |
8th Cir. BAP |
Legal arguments which result from the improper elevation of form over substance and a blind application of law without considering equitable principles should not be subject to sanctions under Fed. R. Bankr. P. 9011. |
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