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New Cases For the Week of June 9, 2008 - June 13, 2008
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Click here to search prior New Opinion summaries.
| June 13, 2008 |
Case |
Court |
Holding |
In re Oakwood Homes Corp.
(DBN Subscription Required) |
D. DE |
The doctrine in pari delicto bars a debtor's claims against its securities underwriter. The debtor failed to set forth sufficient evidence from which a juror could reasonably conclude that the underwriter was an insider so as to preclude the application of this doctrine. |
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| June 12, 2008 |
Case |
Court |
Holding |
In re Orseno
(DBN Subscription Required) |
Bankr. N.D. IL |
Where a creditor dismissed her dischargeability action as part of a "global settlement," the dismissal had the effect of disallowing her proof of claim via preclusion. |
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| June 10, 2008 |
Case |
Court |
Holding |
In re Grossman's, Inc.
(DBN Subscription Required) |
Bankr. DE |
An asbestos claimant who had not manifested an injury when the debtor's plan was confirmed did not have a claim that could be discharged. In the Third Circuit (Frenville), an asbestos claim does not arise when the acts causing an injury occur, but rather when the injury manifests. |
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