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New Cases For the Week of June 23, 2008 - June 27, 2008
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Click here to search prior New Opinion summaries.
| June 27, 2008 |
Case |
Court |
Holding |
In re Lee
(DBN Subscription Required) |
6th Cir. |
Where a lender which had refinanced the debtor's home mortgage prepetition did not record its mortgage until 72 days after it had advanced the funds to pay off its prior mortgage, the recording of the new mortgage lien, which occurred within 90 days of the debtor's Ch. 7 bankruptcy filing, was a preference. |
| June 26, 2008 |
Case |
Court |
Holding |
In re Squire
(DBN Subscription Required) |
6th Cir. |
When a Ch. 11 case is converted to Ch. 7 while appeals by a DIP are pending, the DIP loses appellate standing, which becomes vested in the trustee. The Ch. 7 trustee has authority to voluntarily dismiss the DIP's appeals regardless of the DIP's desires. |
In re AVI, Inc.
(DBN Subscription Required) |
9th Cir. BAP |
A trustee, subject to the requirement of
establishing avoidance, may prosecute an action to recover from a
subsequent transferee under § 550 without having earlier avoided
the initial transfer. |
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| June 25, 2008 |
Case |
Court |
Holding |
In re Ryan
(DBN Subscription Required) |
9th Cir. BAP |
A sentence in a criminal case that required the debtor to pay costs of prosecution was not a "criminal fine," and was thus dischargeable in a Chapter 13 case. |
In Re: Mansaray-Ruffin
(DBN Subscription Required) |
3rd Cir. |
A debtor in a Chapter 13 bankruptcy case did not invalidate a lien on her property by providing for it as an unsecured claim in her confirmed plan, without initiating an adversary proceeding |
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| June 24, 2008 |
Case |
Court |
Holding |
In re SI Restructuring
(DBN Subscription Required) |
5th Cir. |
The bankruptcy court erred in ordering equitable subordination because there was no demonstration that Appellants' loans to the debtor harmed either the debtor or the general creditors |
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