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New Cases For the Week of April 12, 2010 - April 16, 2010
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Click here to search prior New Opinion summaries.
| April 14, 2010 |
Case |
Court |
Holding |
In re AE Liquidation, Inc.
(DBN) |
Bankr. DE |
For the purpose of a motion to dismiss, a constructive trust plaintiff's allegation that a debtor/defendant told plaintiff that plaintiff's deposit was segregated, coupled with the possibility of lowest intermediate balance tracing, was sufficient to establish the res required for a constructive trust claim. |
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| April 13, 2010 |
Case |
Court |
Holding |
In re Herrera, et. al
(DBN) |
9th Cir. BAP |
An optional Chapter 13 provision which was approved by local judges, and which imposes ongoing reporting/disclosure requirements on mortgage holders, is not inconsistent with RESPA or 11 USC 1322(b)(2) (anti-modification provision). |
In re Kalikow
(DBN) |
2nd Cir. |
In creditors' appeal from a district court's affirmance of the bankruptcy court's order granting former debtors' motion to reopen Chapter 11 proceedings, impose sanctions against creditors, and award costs and fees to debtors, the order is affirmed in part where: 1) proper service on creditors' law firm constituted proper service on them; and 2) the district court did not err in concluding that the debtor's Enforcement Motion did not seek a new injunction but, rather, sought to enforce an injunction already in place -- one that was created by sections 1141 and 524 of the Bankruptcy Code and the express terms of the Plan and Confirmation Order. However, the order is reversed in part where creditors were not holders of pre-confirmation claims discharged in bankruptcy who would normally be bound by the provisions of the Plan, and thus the sanctions awarded against them were improper. |
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