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New Cases For the Week of July 21, 2008 - July 25, 2008
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Click here to search prior New Opinion summaries.
| July 24, 2008 |
Case |
Court |
Holding |
In re Image Innovative Holdings, Inc.
(DBN Subscription Required) |
Bankr. S.D. N.Y. |
The Court will not grant derivative standing to creditors
to bring suit against a debtor’s professional premised on malpractice, when the Court has
already determined (and substantially reduced) a fee award to the same professional, and
the motion is brought long after confirmation of the Debtors’ plan of reorganization. |
In re Repine
(DBN Subscription Required) |
5th Cir. |
Judgment against attorney for attempting to collect fees from debtor in violation of a stay imposed by a bankruptcy court is affirmed in part and vacated in part where: 1) attorney willfully violated the stay in attempting to collect her fees; 2) attorney's refusal to consent to an agreed order to allow debtor to be released from civil incarceration caused debtor actual harm; 3) damages awarded to debtor for lost wages were appropriate; 4) debtor failed to set forth specific information regarding emotional damages; and 5) awarding attorney's fees to debtor was proper. |
Bondi v. Capital & Fin. Asset Mgmt. S.A.
(DBN Subscription Required) |
2nd Cir. |
Denial of motion by debtor in foreign bankruptcy proceedings to enjoin actions brought against it in the United States is affirmed where the district court acted within its sound discretion in interpreting 11 U.S.C. section 304(c)'s instruction to assure an economical and expeditious administration of a foreign estate. |
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