Case Roundup

3rd Circuit

Gen. Datacomm Indus. v. Arcara (05/16/05 - No. 04-1710)

Involuntary termination of employees on the verge of retirement cannot deprive such employees of procedural protections of Sec. 1114 of the Code.

5th Circuit

Pettle v. Bickham (05/18/05 - No. 04-30611)

In Bankruptcy proceeding Defendant's motion to voluntarily dismiss his Adversary action with prejudice does not constitute a "mistake" or "excusable neglect" for purposes of FRCP 60(b)(1).

6th Circuit

Cluxton v. Fifth Third Bank (05/19/05 - No. 04-8028)

Bankruptcy Court properly found plaintiff-debtor's mobile home to be part of debtor's real property and consequently debtor's proposed "cramdown" of the debt on his mobile home violated the anti-modification provisions of 1322(b)(2).

7th Circuit

United Airlines, Inc. v. US Bank (05/16/05 - No. 05-1871)

Sec. 1110(a)(1) prevents Bankruptcy Judges from using any source of law, including antitrust, as the basis of an injunction against repossession.