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New Cases For the Week of September 28, 2009 - October 2, 2009
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Click here to search prior New Opinion summaries.
| October 2, 2009 |
Case |
Court |
Holding |
Sternberg v. Johnson
(DBN) |
9th Cir. |
Once a bankruptcy is filed, a creditor has an affirmative duty to comply with the automatic stay. This duty includes ensuring that his actions do not prolong a violation of the stay that arises from actions taken pre-petition. However, a debtor is entitled to recover as actual damages only those legal fees related to enforcing the stay and remedying the stay violation. The debtor is not entitled to recover as actual damages legal fees incurred in pursuing an adversary proceeding to collect the actual damages. |
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| October 1, 2009 |
Case |
Court |
Holding |
Grede v. McGladrey & Pullen
(DBN) |
D. ND IL |
A trustee/plaintiff is not immune from the in pari delicto defense on the grounds that he/she is an "innocent successor." |
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| September 30, 2009 |
Case |
Court |
Holding |
In re Pacific Lumber Co.
(DBN) |
5th Cir. |
In a challenge to a confirmed Chapter 11 reorganization plan, the confirmation of the plan is affirmed in part where: 1) certain noteholders did not preserve their challenge to the plan's treatment of their secured claims; and 2) the plan did not create a substantive consolidation. However, the order is reversed in part where: 1) the equitable mootness doctrine did not bar review of issues raised on appeal concerning the treatment of noteholders' secured claims, it did not bar re-evaluation of whether their administrative priority claim was correctly calculated, and it did not bar review of the plan's release clauses insulating multiple parties from liability; and 2) the bankruptcy court may have made a mathematical error and deprived noteholders of a post-petition administrative priority claim. |
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