In re CVEO Corp. Bankr. DE

Where a scheduling order in an avoidance adversary proceeding set a September 10, 2004 deadline for dispositive motions, a cross motion for summary judgment asserted on October 8 2004 in a response to plaintiff's timely summary judgment motion was timely. An insurance claims administrator was not entitled to summary judgment in a preference action where there were material disputed facts regarding whether the administrator had dominion and control over the funds that the debtor had transferred to the administrator to pay claims.

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Mickowski v. Visi-Trak Worldwide LLC 6th Cir.

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

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In re Martinez. 11th Cir.

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 authorized under an enforceable contractual right provided for by State law. Where State law prohibits one-sided "prevailing party" attorney fee clauses, such State law entitles a prevailing debtor in dischargeability litigation to recovery of attorney fees even if no State law issues were litigated in the adversary proceeding.

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In re Lang 10th Cir.

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.

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In re Burrell 9th Cir.

Where two potentially preclusive lower court judgments were involved, after appeal became moot through no act of party seeking relief, vacatur was required as to both judgments of district court or Bankruptcy Appellate Panel and bankruptcy court.

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In re American HomePatient, Inc. 6th Cir.

In calculating a rejection damages claim arising from the debtor's rejection of an executory warrant agreement, the bankruptcy court did not err in ruling that damages should be calculated based upon the value of the warrants on the petition date rather than on some later date.

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In re Gurrola 9th Cir. BAP

Bankruptcy discharge cannot be circumvented on equitable grounds. A debtor who failed to assert his discharge as a defense could not be equitably estopped from relying on the discharge to prevent entry of a post-discharge State court judgment on a pre-petition debt

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In re Ramba 5th Cir.

An antecedent debt for goods sold does not lose its antecedent character when the creditor pursues, and then forbears from, action to collect the debt."New value" in a "contemporaneous exchange" must be given to the debtor directly and not indirectly. It is the precise benefit received from the creditor, and not the secondary or tertiary effects thereof, that must fit within one of the five categories of "new value." Thus, a creditor whose forbearance enabled the debtor to obtain funds by selling property was not entitled to a new value defense.