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New Cases For the Week of March 16, 2009 - March 20, 2009
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Click here to search prior New Opinion summaries.
| March 20, 2009 |
Case |
Court |
Holding |
In re Collins & Aikman Corp.
(DBN Subscription Required) |
Bankr. E.D. MI |
A multi-national debtor's US entities filed Ch. 11. In first day motions, they were granted permission to continue to use their centralized cash management system. Canadian affiliates did not file bankruptcy at that time. After confirming a plan, the US affiliates pursued fraudulent transfer actions against vendors of the Canadian affiliates who had been paid from the centralized cash management system, alleging that the US affiliates did not receive reasonably equivalent value for these payments. The bankruptcy court held that: (i) the US affiliates were not judicially estopped from pursuing these claims and (ii) there were genuine issues of material fact with respect to the claims, precluding summary judgment for defendants. |
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| March 18, 2009 |
Case |
Court |
Holding |
In re Takeout, Inc.
(DBN Subscription Required) |
Bankr. SDNY |
Service of process on defendant’s counsel, by certified mail,
constituted valid and effective service on defendant because defendant, a foreign corporation
based in China, explicitly (by using counsel's address on its prof of claim) and impliedly appointed counsel as its authorized agent for
service of process and Bankruptcy Rule 7004(b)(3) and (8) permits service on a foreign
corporation by service on its agent. |
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| March 17, 2009 |
Case |
Court |
Holding |
SCR v. Warshawsky
(DBN Subscription Required) |
2nd Cir. |
A statement in a summary judgment affidavit made "to my knowledge," unlike a statement made "upon information and belief," is sufficient to assert personal knowledge and thus created a genuine issue of material fact. |
In re Harvey
(DBN Subscription Required) |
9th Cir. |
In an action to declare a state judgment for fraud non-dischargeable in bankruptcy, summary judgment for Plaintiff is reversed, where the state court improperly allowed Plaintiff to amend her complaint in violation of the automatic stay. |
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