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New Cases For the Week of May 3, 2010 - May 7, 2010
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| April 30, 2010 |
Case |
Court |
Holding |
Old West Annuity And Life Insurance Company V. Apollo Group
(DBN) |
11th Cir. |
If a bankruptcy court grants an unsecured creditor relief from stay to perfect and collect a previously-unperfected judgment lien, an administrative creditor in the bankruptcy cannot assert that the State law foreclosure proceeds of property of the estate which the judgment creditor seeks to obtain should be returned to the bankruptcy estate for distribution under the bankruptcy code. Even though, on the petition date, the judgment creditor would be subordinate in distribution priority to the administrative claimant, relief from stay authorized the unsecured judgment creditor to trump the administrative claim by becoming a secured creditor. |
In re: Amerlink, Ltd.
(DBN) |
Bankr. ED NC |
In an adversary proceeding, Plaintiff was not entitled to delay production of tape recordings with defendant's representatives until after plaintiff completed a deposition of defendant's representative. Plaintiff's desire to obtain the "unrefreshed" testimony of defendant was not sufficient to warrant postponing the production of substantive documents. |
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