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New Cases For the Week of August 25, 2008 - August 29, 2008
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Click here to search prior New Opinion summaries.
| August 29, 2008 |
Case |
Court |
Holding |
In re American Business Financial Services, Inc.
(DBN Subscription Required) |
Bankr. DE |
Where documents produced in discovery under a confidentiality agreement contain insights into how the producing company evaluates risks, such documents are confidential (i.e., protected from disclosure to third parties and the public), at least for the purposes of discovery, even where the documents are several years old, and economic circumstances have changed dramatically in the interim. |
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| August 28, 2008 |
Case |
Court |
Holding |
Campbell v. Countrywide Home Loans Inc.
(DBN Subscription Required) |
5th Cir. |
In a suit accusing defendant of filing a claim attempting to collect a pre-petition debt in violation of an automatic stay in plaintiffs' Chapter 13 bankruptcy, an interlocutory order granting partial summary judgment for plaintiffs is reversed where: 1) unpaid escrow payments that accumulate pre-petition in the year that a bankruptcy petition is filed, and which the creditor had a right to collect under the loan documents, constitute a "claim" under the Bankruptcy Code; but 2) the filing of a proof of claim including the amounts of these payments does not by itself violate an automatic stay in a bankruptcy proceeding. |
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| August 27, 2008 |
Case |
Court |
Holding |
In re Hamilton
(DBN Subscription Required) |
6th Cir. |
A state-court judgment is void ab initio when entered against a debtor whose
dischargeable debts had been discharged. The Rooker-Feldman doctrine does not alter this result even where a final State court judgment has purported to modify a discharge order. |
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| August 26, 2008 |
Case |
Court |
Holding |
Green Tree Servicing v. Tony W. Coleman
(DBN Subscription Required) |
8th Cir. BAP |
§ 1322(b)(2) is unambiguous and does not prohibit modification of a manufactured home security interest in a Ch. 13 case where that interest is not real property. |
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