|
New Cases For the Week of August 24, 2009 - August 28, 2009
Brought to you by BKINFORMATION.COM - The Source for Business Bankruptcy Information on the Internet
Click here to search prior New Opinion summaries.
| August 26, 2009 |
Case |
Court |
Holding |
US v. Apex Oil Co.
(DBN) |
7th Cir. |
In an environmental case, a district court injunction requiring the defendant to clean up a contaminated site is affirmed where the government's claim to an injunction was not discharged in bankruptcy and thus can be renewed in a subsequent lawsuit as the government's equitable claim entitles it to require defendant to clean up the contaminated site at defendant's expense. |
In re Bunn
(DBN) |
6th Cir. |
In an appeal from a bankruptcy court's order setting aside the debtor's mortgage, the order is reversed where, under Ohio law, a recorded mortgage that contains the street address of residential property but not the legal description of the parcel of land is sufficient to preclude the setting aside of the otherwise valid mortgage in bankruptcy court. |
In re Continental Coin Corp.
(DBN) |
D CA |
In a Chapter 7 case, neither a creditor nor the bankruptcy estate can sue a trustee's attorney for malpractice. The trustee's counsel is not the estate's counsel and is not the debtor's counsel. Because the trustee's counsel is not estate counsel, the rule that estate claims may be pursued by a creditor when the estate fails to pursue such claims is inapposite. |
Briscoe v. Preferred Health Plan
(DBN) |
6th Cir. |
In a self-funded health benefits plan funded by a defunct company, the third party plan supervisor is an ERISA fiduciary only "to the extent" that it exercised control over plan assets. The court did not err in holding that the plan administrator's liability was limited to $10,679.59 that it pad itself as an administrative fee. |
|