2nd Circuit

In Re: Metromedia Fiber Network, Inc. (07/21/05 - No. 04-2112)

A nondebtor release in a plan of reorganization should not be approved absent the finding that truly unusual circumstances render the release terms important to success of the plan.

5th Circuit

Hodge v. Sinclair (07/19/05 - No. 04-30947)

The disposable earning exemption found in LA. REV. STAT. ANN. section 13:3881(1)(a) does not protect wages once they have been deposited into a bank account.

6th Circuit

Bank of Montreal v. Am. HomePatient, Inc. (07/11/05 - No. 04-5771)

The bankruptcy court's determination of the amount of damages resulting from defendant-debtor's rejection of an executory contract during chapter 11 reorganization is affirmed over plaintiff's challenge to the court's adoption of defendant's expert's opinion testimony.

Mickowski v. Visi-Trak Worldwide (07/13/05 - No. 04-3889)

Defendant, which purchased the remaining assets of a bankrupt corporation, cannot be held liable as a successor to the corporation's liability for an unpaid patent judgment under Ohio law.

8th Circuit

Peltz v. Edward Vancil, Inc. (07/13/05 - No. 05-6006)

In a preference action to recover a payment made within 90 days prior to a bankruptcy filing, judgment in favor of plaintiff is reversed where the bankruptcy court erred when it found that the payment was on account of an antecedent debt.

Smith v. Am. Airlines (07/18/05 - No. 04-1405, 04-1757)

In an employment dispute, dismissal of plaintiff's suit under the Railway Labor Act is affirmed over her claim that the transition collective bargaining agreement gave her a right to post-acquisition employment with defendant-employer.

Williams v. Wells Fargo Fin. (07/21/05 - No. 05-6003)

Plaintiff-trustee's complaint to avoid a lien should have been granted where the deed and acknowledgement in issue did not comply with Mississippi law and were not sufficient to provide notice of the defendants' interest in a debtor's property.

Jacobus v. Binns (07/21/05 - No. 05-6008)

In a bankruptcy action, summary judgment in favor of plaintiff is reversed where the district court improperly found that a state court default judgment was entitled to collateral estoppel effect.

9th Circuit

Pilate v. Burrell (07/11/05 - No. 02-16466)

Plaintiff's claims for denial of discharge of debt were rendered moot when the bankruptcy court denied discharge on other grounds while plaintiff's appeal was pending before the district court.

AMB Prop. v. Official Creditors (07/19/05 - No. 03-16979)

A landlord is required to deduct the amount of security held under a lease with a debtor from the allowable claim for damages as a result of the debtor's bankruptcy.

10th Circuit

In re: Lang (07/11/05 - No. 04-4064)

In a bankruptcy action, the failure to comply with the deadline for the filing of a notice of appeal due to the press of other business does not constitute excusable neglect.

11th Circuit

Cadle Co. v. Martinez (07/13/05 - No. 04-11760)

A prevailing debtor in a dischargeability action brought by his creditor can recover his attorney's fees and costs incurred in those dischargeability proceedings if recovery of such are due under an enforceable contractual right provided for by state law.