Your Post-4th of July Case Roundup

3rd Circuit

Sovereign Bank v. Schwab (07/06/05 - No. 03-4625)

In mortgage foreclosure action against bankrupt owners of rental properties, bankruptcy court's order requiring plaintiff-bank to turn over rents to the estate is reversed where those rents were not property of etate to begin with.

4th Circuit

Logan v. JKV Real Estate Serv. (07/06/05 - No. 04-1643)

Bankruptcy court erred when it determined that trustee, assignee of certain creditors, did not have standing to sue to recover damages caused to those creditors by the debtor's alleged co-conspirators. Trustee had standing.

5th Circuit

Baker Hughes Oilfield Operations, Inc. v. Cage (07/07/05 - No. 04-20807)

Trustee may avoid debtor's transfer of funds that constituted preferential payment of a pre-existing debt avoidable under 547(b).

8th Circuit

In re Bock Transp. Inc. (07/05/05 - No. 04-6082)

Bankruptcy court did not abuse its discretion when it denied debtor's motion to dismiss his involuntary Chapter 7 petition.