Fresh, Hot Case Menagerie

1st Circuit Defamatory Statements in Bankruptcy In re Gitto Global Corp./Gitto v. Worcester Telegram & Gazette Corp. (08/31/05 - No. 05-1658, 05-1666) Party seeking protection from disclosure of defamatory materials filed in bankruptcy case under §107(b)(2) must show that: (1) the material at issue would alter his reputation in the eyes of a reasonable person, and 2) the material is untrue or potentially untrue or included for an improper end. 6th Circuit Fraudulent transfer of life insurance policy In re Triple S Restaurants, Inc./Schilling v. Heavin (08/30/05 - No. 04-5297) Bankruptcy court properly concluded that plaintiff (Trustee) was entitled to avoid the transfer of a life insurance policy and recover its value. Discharge of Student Loan Hertzel v. Educ. Credit Mgmt. Corp. (08/30/05 - No. 04-8083) Court properly granted plaintiff-debtor discharge of student loans where excepting that loan from discharge would impose an "undue hardship" as defined in 523(a)(8). 9th Circuit Administration of Bankruptcy Case In re Crown Vantage, Inc./Beck v. Fort James Corp. (08/30/05 - No. 04-16443, 04-16547) All legal proceedings affecting administration of bankruptcy estate must be brought either in bankruptcy court or, if in another forum, with leave of bankruptcy court. Trustee may sue on behalf of Debtor Corporation Smith v. Arthur Andersen Trustee's allegation that accounting firms breached contracts with debtor established sufficient claim of injuryto confer standing to sue. California Appellate Districts Brill Media Co. v. TCW Group, Inc. (08/30/05 - No. B175827) Order granting defendant's special motion to strike is reversed where the exception to the special motion to strike statute, Civ. Pro. 425.17(c), prevents its use.