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New Cases For the Week of June 27, 2011 - July 1, 2011
| June 29, 2011 |
Enron Creditors Recovery Corp. v. Alfa, S.A.B. De C.V.
(DBN) |
2nd Cir. |
Payments a debtor made to redeem its commercial paper prior to maturity are protected by the § 546(e) "settlement payment safe harbor" whether or not the payments were made to retire debt or were unusual. |
In re 400 Walnut Associates LP
(DBN) |
Bankr. ED PA |
Legal error by the trial court is not "mistake" for the purposes of Rule 60(b)(6). If not addressed by a timely Rule 59 motion, such error must be addressed, if at all, by appeal. |
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| June 27, 2011 |
In re Bank Of New England Corporation
(DBN) |
1st Cir. |
The Bankruptcy Court did not err in concluding that junior creditors subject to a subordination agreement could receive payment before senior creditors received post-petition interest. |
In re Equipment Acquisition Resources, Inc.
(DBN) |
Bankr. ND IL |
Qualification as a contingent creditor alone does not make one a party to the bankruptcy for standing purposes.
Not including §544 claims in plan's definition of "Avoidance Actions" barred their assertion post-confirmation.
Broad reservation in plan for so-called "Litigation Claims" really only reserved so-called "Avoidance Actions". |
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