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Monday, March 06, 2006

March comes in like a Lion and goes out like a Case Roundup!

6th Circuit Adell v. John Richards Homes Bldg. Co., L.L.C. (03/01/06 - No. 04-2154) Award of costs, Attorneys' fees, compensatory damages, and punitive damages, confirmed in residential construction context where Bankruptcy Court properly determined that the involuntary petition filed by plaintiff against defendant-contractor was put forth in bad faith.
Educ. Credit Mgmt. Corp. v. Barrett (03/02/06 - No. 05-8011) Bankruptcy Appellate Panel affirms order discharging debtor's student loans due to "undue hardship" pursuant to 523(a)(8) where debtor satisfied all prongs of the Brunner test. 8th Circuit Thorstenson v. Norton (02/28/06 - No. 04-4029) Summary judgment for defendant in dispute involving tribal land held in trust by the U.S. government is affirmed since plaintiff's action to enforce sales contract was precluded by a tribal court judgment. 11th Circuit Andreini & Co. v. Pony Express Delivery Servs., Inc. (02/27/06 - No. 05-13824)
Summary judgment for defendant, debtor. Prior finding that pre-filing wire transfer was a preference is reversed since plaintiff, an insurance broker, was not the "initial transferee" as defined in Sec. 550.

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