Case Roundup

4th Circuit CIT Communications v. Midway Airlines (05/02/05 - No. 04-1502) Under 365(d)(10) the lessor of personal property to the Estate is entitled to an administrative expense for the post-petition period during which the Estate possessed the property. 10th Circuit In re: Luna (05/04/05 - No. 03-7060) ERISA does not automatically make officers of a company who make regular employer contributions to an ERISA-covered employee-benefit plan "fiduciaries" to the employees for purposes of 523(a)(4) . 11th Circuit IBT Int'l, Inc. v. Northen (05/03/05 - No. 04-11829) In an action to recover assets fraudulently transferred during a bankruptcy proceeding, judgment in favor of plaintiff is affirmed over defendant-debtor's claim that plaintiff's suit was barred by statute of limitations. California Appellate Districts Boyer v. Jensen (05/06/05 - No. B174899) Dismissal of plaintiff's personal injury suit is affirmed where trial court properly dismissed defendant since he had been discharged in bankruptcy.