|
New Cases For the Week of January 11, 2010 - January 15, 2010
Brought to you by BKINFORMATION.COM - The Source for Business Bankruptcy Information on the Internet
Click here to search prior New Opinion summaries.
| January 13, 2010 |
Case |
Court |
Holding |
In re Jones
(DBN) |
4th Cir. |
In defendants' Chapter 7 proceedings, district court's judgment that plaintiff-creditor had the right to repossess their vehicle is affirmed where: 1) district court did not err in holding that the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) eliminated the ride-through option; 2) plaintiff had authority to repossess the vehicle pursuant to the contract's ipso facto clause without giving the defendants prior notice of a right to cure the default under state law; and 3) plaintiff was not required to give defendants notice of default and right to cure before repossessing the vehicle as both parties agree that the event that triggered default, the filing of a bankruptcy petition, cannot be cured. |
| |
|
|
| January 11, 2010 |
Case |
Court |
Holding |
In re Blast Energy Services, Inc.
(DBN) |
5th Cir. |
Section 1127(b) (permitting post-confirmation modification of a plan until substantial consummation) does not bar: (i) appeals of pre-confirmation orders, even where such orders affect the plan or (ii) appeals of confirmation orders. The district court erred in denying a creditors motion for reconsideration of an order denying a confirmation stay where there was no evidence that granting the stay would imperil performance of the plan. |
| |
|
|
|