|
New Cases For the Week of March 23, 2009 - March 27, 2009
Brought to you by BKINFORMATION.COM - The Source for Business Bankruptcy Information on the Internet
Click here to search prior New Opinion summaries.
| April 2, 2009 |
Case |
Court |
Holding |
In re Southwest Food Distributors
(DBN Subscription Required) |
10th Cir. |
While the right to select counsel of one's own choice is an undeniable right afforded to participants in bankruptcy, that right is not without boundaries. The bankruptcy court did not err in denying a Committee's request to hire "national counsel" as well as local counsel when the case was not complex. Local counsel alone was adequate to represent the subject interests. |
| |
|
|
| April 1, 2009 |
Case |
Court |
Holding |
In re Bartle
(DBN Subscription Required) |
7th Cir. |
Where a court dismisses a bankruptcy case without giving a debtor 20 days to respond to the motion to dismiss, the procedural error may be harmless if the debtor does not articulate what arguments or evidence he would have raised had he had the time required by Fed. R. Bankr. P. 2002. Procedures do not exist for their own sake; they exist to protect the parties' rights. For an error to be material, substantial rights must have been affected by the error. |
| |
|
|
| March 31, 2009 |
Case |
Court |
Holding |
In re Bally Total Fitness
(DBN Subscription Required) |
Bankr. SDNY |
Where a D&O insurer advanced fund to a debtor after requiring the debtor to execute an Interim Fee Agreement (pending the outcome of an action by the insurer to rescind the policies), the funds were property of the bankruptcy estate, where there were no provisions in the Interim Fee Agreement requiring the debtor to hold the funds in trust or escrow. |
| |
|
|
| March 30, 2009 |
Case |
Court |
Holding |
In re Dilworth
(DBN Subscription Required) |
6th Cir. |
A credit card balance transfer, whereby a new credit card was used to satisfy the balance of an exiting credit card, was an avoidable preference, which was not protected by the earmarking doctrine. |
| |
|
|
|