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New Cases For the Week of January 4, 2010 - January 8, 2010
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Click here to search prior New Opinion summaries.
| January 7, 2010 |
Case |
Court |
Holding |
In re Old Carco, LLC
(DBN) |
Bankr. SDNY |
The claim of an automobile dealer, whose franchise was terminated in the Chrysler bankruptcy, is a pre-petition claim rather than an administrative claim. |
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| January 6, 2010 |
Case |
Court |
Holding |
In re Metcalfe and Mansfield Alternative Investments
(DBN) |
Bankr. SDNY |
Principles of enforcement of foreign judgments and comity in chapter
15 cases strongly counsel approval of enforcement in the United States of third-party
non-debtor releases and injunction provisions included in the Canadian bankruptcy orders, even if
those provisions could not be entered in a plenary chapter 11 case. |
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| January 4, 2010 |
Case |
Court |
Holding |
In re WR Grace & Co.
(DBN) |
3rd Cir. |
The mere fact that a bankruptcy court has subject matter jurisdiction over an adversary proceeding does not give it subject matter jurisdiction to issue an injunction prohibiting non-debtor litigation that pertains in some way to the adversary proceeding. To issue such an injunction the bankruptcy court must have related to jurisdiction over the litigation to be enjoined.
Related to jurisdiction does not exist over a third-party lawsuit if that lawsuit would affect the bankruptcy proceeding only through the intervention of yet another lawsuit.
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