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New Cases For the Week of April 7, 2008 - April 11, 2008
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Click here to search prior New Opinion summaries.
| April 10, 2008 |
Case |
Court |
Holding |
In re: Pratt
(DBN Subscription Required) |
5th Cir. |
Denial of a creditor's motion for sanctions against debtor's counsel in underlying Chapter 7 bankruptcy proceedings, and an award of attorney's fees for counsel, affirmed in part and dismissed in part where: 1) creditor failed to comply with the service requirement of Rule 9011; and 2) the circuit court lacked jurisdiction to review the award of attorney's fees.
Service of a "Rule 11 letter" does not not comply with the advance notice requirement of Rule 11. |
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| April 9, 2008 |
Case |
Court |
Holding |
In re Global Crossing Limited
(DBN Subscription Required) |
Bankr. SD NY |
Where an estate representative serves an initial transferee for avoidance on the eve of limitations lapsing, and the defendant turns out to be a conduit, the estate representative is entitled to amend the complaint after limitations have run on the grounds that there has been a mistake. |
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| April 7, 2008 |
Case |
Court |
Holding |
In re Hickman
(DBN Subscription Required) |
9th Cir. BAP |
By filing a chapter 7 case, a debtor invokes
equitable bankruptcy jurisdiction in which the Seventh Amendment
jury right does not apply in proceedings to restructure his
debtor-creditor relations. His later change of mind does
not constitute sufficient § 707(a) “cause” to dismiss the case. |
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