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Monday, April 11, 2005

Get along little doggies ... the Round Up is back

7th Circuit Baker O'Neal Holdings, Inc. v. Massey (04/05/05 - No. 04-1525, 04-1526) Judgment for $2.5 million affirmed where recovery remedies unjust enrichment.
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6th Circuit In re Cohara (04/05/05 - No. 04-8051) Bankruptcy court abused its discretion by granting debtor's motion to dismiss chapter 7 petition despite fact that debtor failed to establish evidentiary basis for assertion that dismissal was necessary due to continuing medical needs. In re Fields (04/05/05 - No. 04-8031) Bankruptcy court may grant partial discharge of student loan debt based on finding that repayment of entire debt would impose an undue hardship pursuant to Sec. 523(a)(8). Rittenhouse v. Eisen (04/07/05 - No. 04-1281) Pre-petition Attorneys' Fees dischargeable under Sec. 523. Taunt v. Vining (04/08/05 - No. 03-2370) Defendant's appeal of denial of application to employ debtor's former attorney as special counseldismissed for lack of appellate jurisdiction.
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3rd Circuit
Plaintiff's appeal from an order denying a Motion to Reopen a bankruptcy case is dismissed where the order was an administrative closure and not a final judgment.

1 Comments:

Blogger mhedayat said...

Additional issues associated with cases in this round up:

In re Cohara (6th Cir. BAP 2005)
Burden on debtor to prove that dismissal of the case will not prejudice creditors.

Banker O'Neal (7th Cir. 2005)
Retention of deposit by debtor is unjust enrichment where no contract was finalized.

4/11/2005 04:43:00 AM  

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