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Saturday, August 20, 2005

Man bites dog! and other Bankruptc y-related cases

2nd Circuit Midland Cogeneration Venture v. Enron (08/16/05 - No. 04-3251) Denial of creditor's motion for leave to amend a timely filed proof of claim is affirmed; the bankruptcy court did not abuse its discretion by finding that the creditor's neglect in this case was not excusable. 3rd Circuit Dobrek v. Phelan (08/17/05 - No. 04-3391) Debts of a commercial bail bondsman are non-dischargeable in Chapter 7 pursuant to the restriction in 523(a)(7). 5th Circuit Brown v. Chesnut (08/19/05 - No. 04-10919) Creditor violated the automatic stay by foreclosing on an asset without leave of court, even though the debtor and the estate had only an arguable claim or interest in that property to begin with. 6th Circuit In Re: Am. HomePatient, Inc. (08/16/05 - No. 03-6500, 03-6501) Secured lender unsuccessfully challenged proposed plan of reorganization imposed by the court pursuant to the "cramdown" provisions in 1129(b). 8th Circuit DeBold v. Case (08/17/05 - No. 04-6075) Bankruptcy court erred in holding that plaintiff was not entitled to recover the proceeds of a settlement, because the sum in question had been paid, though not distributed, prior to commencement of the case. California Appellate Districts Zimmerman, Rosenfeld, Gersh, & Leeds v. Larson (08/17/05 - No. B177971) In an action for Attorney Fees, the debt owed to plaintiff-law firm, having arisen before defendant obtained a confirmed plan of reorganization under Chapter 11, was extinguished, except to the extent provided for in the confirmed Plan.

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