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Wednesday, October 19, 2005

Case Roundup courtesy of Sansa-belt slacks

3rd Circuit Century Indem. Co. v. Congoleum Corp. (10/13/05 - No. 04-3609) In Chapter 11 reorganization, evidence of pre-petition conduct is relevant to a review of a debtor's application to retain law firm as special insurance counsel. 5th Circuit SEC v. Great White Marine & Recreation (10/14/05 - No. 04-50080) In a dispute concerning the distribution order of funds obtained in a civil action, judgment in favor of plaintiff-SEC is affirmed over defendant's claim that the District Court erred by disbursing the funds to equity holders before creditors. 8th Circuit Reynolds v. Pennsylvania Higher Educ. (10/10/05 - No. 04-3192) Bankruptcy court did not err in discharging plaintiff-debtor's student loans under a totality of the circumstances test where the detrimental effect the loans had on plaintiff's mental health constituted an "undue hardship." 9th Circuit Dwyer v. Duffy (10/13/05 - No. 04-55044) The Friday after Thanksgiving is a "legal holiday" in California within the meaning of Rule 9006 of the Federal Rules of Bankruptcy Procedure.

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