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Saturday, September 17, 2005

Cavalcade of Case Updates

2nd Circuit
Court erred in granting standing to plaintiff's creditors under Bankr. R. 9019 to settle plaintiff's claims over its objections.
6th Circuit
Court correctly concluded that the automatic stay applies to plaintiff's action to obtain possession of property of the estate.
9th Circuit
Lender to a bankrupt condominium development may specify that any post-petition loans it makes to the debtor are to be used only for certain purposes.
Dismissal of plaintiffs' appeal from a decision of the bankruptcy court due to lack of jurisdiction is reversed; the District Court erred when it found the notice of appeal to have been untimely.

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