Industry News
In re: Marshall
(U.S. 9th Cir., Bankruptcy Law, Civil Procedure, Injury And Tort Law, Probate, Trusts & Estates) In an action based on defendant's purported tortious interference with a substantial inter vivos gift that plaintiff's late husband intended to give to her, judgment for plaintiff is reversed where a prior Texas probate court judgment should have been afforded preclusive effect because it was the earliest final judgment on matters relevant to the proceeding.
Publ.Date : Mon, 22 Mar 2010 20:00:02 PDT
In re: Johns-Manville Corp.
(U.S. 2d Cir., Bankruptcy Law, Civil Procedure, Injury And Tort Law, Insurance Law, Product Liability) In an appeal from the district court's order affirming in part and vacating in part two 2004 bankruptcy court orders involving the liability of an asbestos supplier, the order is reversed in part where objector-insurer was not given constitutionally sufficient notice of the bankruptcy court's 1986 orders, so that due process absolved it from following them, whatever their scope.
Publ.Date : Mon, 22 Mar 2010 20:00:02 PDT
Ojeda v. Goldberg
(U.S. 7th Cir., Attorney's Fees, Bankruptcy Law) In plaintiff's bankruptcy proceedings, a decision reversing the bankruptcy court's judgment that the loan the debtors owed to the creditors was dischargeable and that, even if it was non-dischargeable, the amount excepted from discharge was only the amount of unpaid interest and attorney fees, is affirmed where: 1) the bankruptcy court clearly erred in finding that the creditor was unjustified in relying on the debtors' misrepresentations about the asserted continued ownership of McDonald's restaurants and by finding that the creditor did not establish a claim for fraudulently induced forbearance; and 2) the bankruptcy court committed an error of law in finding that only the unpaid interest and attorney's fees were non-dischargeable.
Publ.Date : Thu, 25 Mar 2010 20:00:01 PDT
United Student Aid Funds, Inc. v. Espinosa
(U.S.S.C., Bankruptcy Law, Civil Procedure, Constitutional Law, Education Law) In an appeal from a bankruptcy court order in a Chapter 13 proceeding, enforcing the confirmation of a student loan debtor's plan and directing creditors to cease any collection efforts, the Ninth Circuit's judgment reversing a district court's order in favor of student loan creditor is affirmed where: 1) creditor's actual notice of the filing and contents of the debtor's plan more than satisfied its due process rights, and thus debtor's failure to make the required service did not entitle creditor to relief under Fed. R. Civ. P. 60(b)(4); 2) although the bankruptcy court's failure to find undue hardship in this case was a legal error, the confirmation order was enforceable and binding on creditor because it had actual notice of the error and failed to object or timely appeal; but 3) the Ninth Circuit erred in holding that bankruptcy courts must confirm a plan proposing the discharge of a student loan debt without an undue hardship determination in an adversary proceeding unless the creditor timely raises a specific objection.
Publ.Date : Tue, 23 Mar 2010 20:00:02 PDT
In the Matter of: Altheimer & Gray
(U.S. 7th Cir., Bankruptcy Law) District court's affirmance of the bankruptcy judge's denial of petitioner's motion to require the trustee to pay his claim, arising from the involuntary bankruptcy of the law firm, Altheimer & Gray, is affirmed, as the reorganization plan under Chapter 11 subordinated partners' claim to those of other creditors, and here, petitioner is a non-unit partner under the plan.
Publ.Date : Thu, 15 Apr 2010 20:00:23 PDT
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