New Cases For the Week of May 4, 2009 - May 8, 2009

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May 7, 2009

Case

Court

Holding

Colonial Surety Company v. Weitzman
(DBN Subscription Required)
1st Cir. Even if a Chapter 7 case is a "no asset" case, where a debtor fails to scheduble a creditor, the debt is not discharged.
     
May 6, 2009

Case

Court

Holding

In re United Airlines, Inc.
(DBN Subscription Required)
7th Cir.

The bankruptcy court erred in valuing real property collateral (improved space in an airport terminal) at the unimproved value of $17/sq. ft. where evidence indicated that the fair market value of improved space in another terminal in the same airport was $63/sq. ft. Even if a discount was appropriate to the $63/sq. ft. rate to take account of differences between the two spaces, any rate higher than $30 sq. ft would have resulted in 100% payment to the secured creditors.

The bankruptcy court also erred in selecting a discount rate for its DCF valuation. The court averaged the rates suggested by two opposing experts. While "an arbitrator might choose such a method, and perhaps a jury would do so behind closed doors, a judge should choose the right discount rate rather than split the difference between the parties." While it might be appropriate to select a higher discount rate due to the volatile nature of the airline business, the evidence indicated that this particular airport was operating at capacity and was able to raise money at 8% on an unsecured basis, warranting a discount rate no higher than 8%.

     
May 5, 2009

Case

Court

Holding

In re Lorber Industries of California
(DBN Subscription Required)
9th Cir. The debtor's statutorily imposed obligation to the California Self-Insurers' Security Fund for reimbursement of workers' compensation benefits that the Fund paid on the debtor's behalf was not an "excise tax " entitled to priority payment.
In re Colon
(DBN Subscription Required)
10th Cir. State law recognizing inquiry notice regarding the contents of all documents in the chain of title precluded a trustee from exercising BFP strong arm powers to avoid a mortgage which misstated the lot number.
     
May 4, 2009

Case

Court

Holding

In re Teknek, LLC
(DBN Subscription Required)
7th Cir. The bankruptcy trustee was sanctioned by the Court of Appeals for seeking bankruptcy court approval to settle a matter that was inextricably intertwined with a matter pending before the Court of Appeals. The trustee's actions in seeking to settle were in derogation of the exclusive jurisdiction of the Court of Appeals over the pending matter. The other party to the appeal was also sanctioned for: (i) pursuing a motion for summary judgment in the bankruptcy court after the appeal was perfected and (ii) attempting to withdraw its proof of claim post-appeal, all in violation of the exclusive jurisdiction of the appeals court.
In re Boyajian
(DBN Subscription Required)
9th Cir. When a non-dischargeable debt is assigned, the non-discharable character of the claim is not extinguished on the grounds that the assignee could not have relied on false statements. The assignee stands in the shoes of the assignor.
In re Contemporary Industries Corp.
(DBN Subscription Required)
8th Cir. Payments made to shareholders of a privately held company in an LBO transaction were "settlement payments" made "by or to e financial institution", and thus exempt from avoidance.
     

 

 

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