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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. |
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| 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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