New Cases For the Week of June 16, 2008 - June 20, 2008

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June 20, 2008

Case

Court

Holding

In re Diloreto
(DBN Subscription Required)
Bankr. E.D. Pa.

Although the involuntary debtor was entitled to an award of attorney fees and expenses where the petitioning creditor failed to properly serve the involuntary petition, the award should be limited to only those fees related to the successful opposition to the involuntary petition, and should not include fees for matters where counsel for the debtor was unsuccessful (i.e., a motion to recuse, request for punitive damages, etc.)

An unsuccessful petitioning creditor is not entitled to setoff its claim against the debtor against its liability for legal costs for an unsuccessful petition.

In re Dana Corp.
(DBN Subscription Required)
Bankr. SD NY A losing bidder was not entitled to a substantial contribution claim.
     
June 18, 2008

Case

Court

Holding

In re Baines
(DBN Subscription Required)
10th Cir. The Court of Appeals lacks jurisdiction to review a district court order that affirms a bankruptcy court's entry of summary judgment on fewer than all claims asserted between the discrete parties to the appeal.
In re AFI Holding
(DBN Subscription Required)
9th Cir. The BAP did not err in finding that the disinterestedness standard supports removal of a trustee with some interest or relationship that would even faintly color the independence and impartial attitude required by the Code.
     
June 17, 2008

Case

Court

Holding

Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc.
(DBN Subscription Required)
S. Ct. The stamp tax exemption of section 1146(a) is only available for transfers made pursuant to a confirmed plan.
In re: CBI Holding Co., Inc.
(DBN Subscription Required)
2nd Cir. In bankruptcy proceedings wherein plaintiff (the court appointed disbursing agent of a Plan of Reorganization) brought claims against defendants-accountants concerning professional services rendered to corporate bankruptcy debtor, the circuit court finds that: 1) plaintiff had standing to assert debtor's claims under the "adverse interest" exception to the normal rule that a claim against a third party for defrauding a corporation with the cooperation of its management accrues to creditors rather than to the guilty corporation; 2) plaintiff had standing to bring claims as the assignee of interests which the assignor acquired as a pre-bankruptcy creditor; 3) all of the claims pressed by plaintiff were "core proceedings" which were covered by the language of 28 U.S.C. section 157(b) and integrally related to the Proof of Claim which defendant voluntarily submitted against the bankruptcy estate; and 4) defendant waived its right to a jury trial on plaintiff's claims when it submitted its Proof of Claim against the bankruptcy estate and subjected itself to the equitable powers of the bankruptcy court.
     

 

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