New Cases For the Week of September 7, 2009 - September 11, 2009

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September 9, 2009

Case

Court

Holding

In re American Home Mortgage Holdings, Inc.
(DBN)
Bankr. DE "Commercially reasonable determinants of value," as referenced in 11 USC 562 (repurchase agreements), are not limited to actual market prices. Various methodologies can be used as determinants. A debtor can meet its burden of proof with respect to an objection to a section 562 proof of claim by submitting credible expert valuation testimony based upon a DCF methodology. The burden of proof then shifts to the claimant to establish that there were no commercially reasonable determinants of value on the acceleration date.
     
September 7, 2009

Case

Court

Holding

In re Dunning Brothers Company
(DBN)
Bankr. EDCA Unscheduled property remains "property of the estate" after a bankruptcy case is closed-- even seven decades later.
     

 

 

 

 

 

 

 

 

 

 

 

 

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