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New Cases For the Week of June 8, 2009 - June 12, 2009
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Click here to search prior New Opinion summaries.
| June 12, 2009 |
Case |
Court |
Holding |
In re Evergreen Security, Ltd.
(DBN Subscription Required) |
11th Cir. |
In a bankruptcy adversary proceeding involving a Ponzi scheme, the Bankruptcy Court's order sanctioning counsel for one of the Debtor corporation's principals is affirmed where the Bankruptcy Court was not clearly erroneous in finding no factual support for counsel's assertion that the existence of a judicial misconduct complaint against the Bankruptcy Judge created an appearance of impropriety requiring recusal. |
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| June 11, 2009 |
Case |
Court |
Holding |
In re Farmland Industries, Inc.
(DBN Subscription Required) |
8th Cir. |
Where a debtor is advancing defense funds pursuant to an indemnification obligation owed to its officers and directors, this creates "related to" jurisdiction in the bankruptcy court over the action in which the defense is required. |
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| June 9, 2009 |
Case |
Court |
Holding |
In re Nassoko
(DBN Subscription Required) |
Bankr. SDNY |
Where a creditor knows that a claim assignee will attempt to collect the transferred claim, the mere fact of assignment may be a discharge injunction violation if the claim has been discharged and the assignee/creditor has not adequately noted the fact of the discharge in the file and taken steps to prevent collection of the claim. |
In re AMC Investors, LLC
(DBN Subscription Required) |
Bankr. DE |
A claim based upon a judgment, in the absence of a
stay, is not subject to a bona fide dispute for purposes of determining whether a
petitioning creditor is eligible to commence an involuntary case. |
In re Miller
(DBN Subscription Required) |
5th Cir. |
In a creditor's appeal from the confirmation of a Chapter 13 bankruptcy plan in which Debtors surrendered their vehicle in full satisfaction of their debt to Plaintiff, the confirmation is reversed where 11 U.S.C. section 1325(a)(9) does not prevent a creditor with a purchase money security interest in a "910 vehicle" from obtaining a state law deficiency judgment against a debtor for the portion of the debt not covered by the sale of the surrendered vehicle. |
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