Cases, Cases, Cases!

1st Circuit Lomagno v. Salomon Bros. (11/14/05 - No. 05-9003) Reversal of bankruptcy court's dismissal of plaintiff's Chapter 13 petition (e.g. reinstatement of Chapter 13 case) did not retroactively reinstate the automatic stay. Therefore, defendant's motion on the pleadings to foreclose its mortgage on plaintiff's home is affirmed. 5th Circuit Condrey v. SunTrust Bank of Ga. (11/14/05 - No. 04-30766) Where plaintiff did not incur damages and its remaining claims, which did not require proof of damages, were meritless, summary judgment for defendant is affirmed. 8th Circuit In re Bauder (11/14/05 - No. 05-6033) A memorandum decision denying discharge under §727(a)(4) is reversed where the court committed "clear error" in finding that the debtor knowingly and fraudulently made a false oath. A&L Labs. v. Bou-Matic (11/17/05 - No. 05-1469, 05-1471) In an action seeking a declaration of non-infringement of certain trademarks and asserting unfair competition, defamation, and other claims, the finding that plaintiff had a license in trademarks owned by defendant and ordering plaintiff's payment of a 3 percent license fee is affirmed. 9th Circuit In re Thomas (11/18/05 - No. 03-57164) The Bankruptcy Appellate Panel reversed the lower court's finding that a debtor had fraudulently transferred a condominium prior to filing bankruptcy. Here the BAP is reversed and its ruling vacated because it erred in excluding findings that supported the bankruptcy court’s initial decision.