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New Cases For the Week of July 7, 2008 - July 11, 2008
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Click here to search prior New Opinion summaries.
| July 11, 2008 |
Case |
Court |
Holding |
In re Johnson
(DBN Subscription Required) |
10th Cir. BAP |
A cause of action for willful violation of the automatic stay survives the dismissal of the main case. |
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| July 9, 2008 |
Case |
Court |
Holding |
In re Celotex Corp.
(DBN Subscription Required) |
11th Cir. |
In an asbestos coverage dispute, the bankruptcy court did not err in granting judgment to excess insurers on the grounds that timely notice of asbestos property damage claims had not been tendered. |
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| July 8, 2008 |
Case |
Court |
Holding |
In re Jones
(DBN Subscription Required) |
10th Cir. |
A creditor secured by a 910 vehicle (i.e., a vehicle purchased within the 910 days prior to the debtor's filing of a bankruptcy petition) is entitled to postpetition interest. |
In re Walker
(DBN Subscription Required) |
11th Cir. |
The service and filing of a motion for sanctions under Bankruptcy Rule 9011 "must occur prior to final judgment or judicial rejection of the offending" motion. |
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| July 7, 2008 |
Case |
Court |
Holding |
Gen. Elec. Capital Corp. v. Future Media Prods., Inc.
(DBN Subscription Required) |
9th Cir. |
In an appeal brought by an oversecured creditor in a bankruptcy matter, an order denying the creditor default interest and attorney's fees is reversed and remanded where: 1) the bankruptcy court improperly applied the circuit court's rule from In re Entz-White Lumber and Supply, Inc., 850 F.2d 1338 (9th Cir. 1988), to the facts of this case; and 2) the bankruptcy court should apply a presumption of allowability for the contracted for default rate, "provided that the rate is not unenforceable under applicable non-bankruptcy law." |
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