Man bites dog! and other cases in the Roundup

In re Pepper (10th Cir. BAP 2006) Non-contemporaneous lien avoidable Bankruptcy court did not err in finding that a lien perfected 7 months after execution due to recording agency's error constituted an avoidable preference despite the fact that the parties stipulated that they intended the transaction to be a "substantially contemporaneous exchange." Whoops. Ross H. Briggs v. John V. LaBarge, Jr. (8th Cir. BAP 2006) Conflict of Interest Bankruptcy attorney's dual representation of a debtor and a bank was an impermissible conflict of interest In re Sherman (9th Cir. 2006) Circumstances did not amount to "cause" for dismissal Circumstances contemplated by another statutory section applicable to Chapter 7 debtors cannot amount to "cause for dismissal" under 707(a). Howard Delivery Services, Inc. v. Zurich American Insurance, ___ F.3d ___ (4th Cir. 2005) Unsecured claim for unpaid workers' comp. insurance premia was priority Issues: Whether unsecured claim for unpaid insurance premia has priority. Whether the company providing worker's compensation insurance to debtor has priority claim to unpaid premia. Held: Yes. Claim is entitled to priority under § 507(a)(4). Since worker's compensation insurance constitutes an 'employee benefit' under ERISA it qualifies as such under 507(a)(4) and therefore premium payments have priority.