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New Cases For the Week of November 30, 2009 - December 4, 2009
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| December 1, 2009 |
Case |
Court |
Holding |
In re CCT Communications, Inc.
(DBN) |
Bankr. SDNY |
Where a debtor repeatedly and intentionally stated and indicated that it was a small business debtor, it was judicially estopped from changing that designation when faced with a motion to dismiss for failure to timely confirm a plan. |
Boston and Maine Corp. v. Massachusetts Bay Transportation Authority
(DBN) |
1st Cir. |
In a suit filed by a railroad operator (B&M) seeking to enjoin the Massachusetts Bay Transportation Authority (MBTA) from making its Chapter 21E contribution claims against B&M for 95 percent of $15,340,810 for past costs and 95 percent of all future costs, as contribution for certain cleanup activities MBTA undertook at the railroad terminal operated by B&M some twenty-one years ago, district court's judgment is reversed and the appeals court directs entry of judgment for B&M as the MBTA's contribution claims under Chapter 21E for contamination prior to a 1983 discharge from bankruptcy were barred as a matter of law by a Consummation Order |
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| December 4, 2009 |
Case |
Court |
Holding |
In Re Chicago H&S Hotel Property, LLC
(DBN) |
N.D. IL |
An law firm which withdrew from representation of a client in an adversary proceeding, amy have an equitable lien against the settlement proceeds depending on the meaning of an email from the law form to the client "confirming" the law firm's understanding of a share in the proceeds. |
In re Washington Mutual, Inc.
(DBN) |
Bankr. DE |
Compliance with Rule 2019 is not excused on the basis that a group of represented clients is not a "committee," but rather merely a "loose affiliation" of like-minded creditors sharing costs. Ad hoc committees (which are covered by Rule 2019) are typically a "loose affiliation of creditors." |
In re Coady
(DBN) |
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In debtor's appeal from a bankruptcy court's order sustaining creditor's objection to the discharge of debtor's debts, the order is affirmed where: 1) debtor acquired and concealed an equitable interest in his wife's businesses; and 2) the doctrine of continuing concealment provides for situations like this, in which a debtor kept his assets out of a creditor's reach during the look-back period by means of a sham ownership arrangement established more than one year before the bankruptcy petition was filed. |
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