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New Cases For the Week of March 8, 2010 - March 12, 2010
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Click here to search prior New Opinion summaries.
| March 11, 2010 |
Case |
Court |
Holding |
In re S.W. Bach & Co.
(DBN) |
Bankr. SD NY |
Although two of three counts in an adversary proceeding were State law claims subject to mandatory arbitration, the Court stays arbitration pending the Bankruptcy Court adjudication of the remaining (fraudulent transfer) claim. The fraudulent transfer claim shares common issues of fact with the arbitrable claims and the plaintiff/trustee has a valid "strong
interest to assure a federal forum for the resolution of the federal claim" to prevent inconsistent results. |
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| March 9, 2010 |
Case |
Court |
Holding |
Milavetz, Gallop & Milavetz, P.A. v. US
(DBN) |
S. Ct. |
Attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies under the BAPCPA.
Section 526(a)(4) prohibits a debt relief agency only from advising a debtor to incur more debt because the debtor is filing for bankruptcy, rather than for a valid purpose. The statute’s language, to-g ether with its purpose, makes a narrow reading of §526(a)(4) the natural one.
Section 528’s disclosure requirements are valid as applied and do not violate First Amendment protections. |
In re Ray
(DBN) |
7th Cir. |
District court's judgment affirming the bankruptcy court's dismissal of two Chapter 11 proceedings was correct, but the decision is vacated, as the law firm lacked standing where there is no evidence that one of the law firm's former attorneys ever informed the bankruptcy court that it was appearing on behalf of the firm and the record is devoid of any mention of the firm by the attorney or any other party. |
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