Faster than a speeding bullet ... it's the case roundup!

5th Circuit US Trustee v. Cortez (07/20/06 - No. 05-10459) Bankruptcy court should consider post-petition events in deciding whether to dismiss a case for substantial abuse under sec. 707(b). 8th Circuit Miller v. NLVK, LLC (07/21/06 - No. 05-3651) The grant of debtor's request to set aside a property transfer resulting from a foreclosure auction is reversed and remanded for the District Court to determine whether fair value was paid for the property in the first place. 11th Circuit Bank of New York v. Sunshine-Jr. Stores, Inc. (07/18/06 - No. 04-16650, 04-16651, 05-10031) Sanctions imposed by bankruptcy court on plaintiff for repeatedly refusing to obey several orders the court issued for benefit of debtor are affirmed over claims that: 1) plaintiff was not holding debtor's funds as a fiduciary and thus had no obligation to pay interest on those funds; and 2) sanctions against plaintiff were inappropriate on several grounds. Eastman Kodak Co. v. Atlanta Retail, Inc. (07/18/06 - No. 05-12327) Bankruptcy court order enjoining plaintiff from continuing to seek relief against defendant for violations of state law in another federal district court is reversed where plaintiff, as a creditor, is not barred from later bringing an action against a co-creditor based upon state law claims if, during the pendency of a bankruptcy, plaintiff creditor failed to raise such claims. DC Circuit Constellation Energy v. Fed. Energy Regulatory Comm'n (07/18/06 - No. 02-1367, 03-1285, 05-1094, 05-1154) Petitions for review of orders of the Federal Energy Regulatory Commission (FERC) arising from the bankruptcy of the California Power Exchange Corporation are denied where the Commission acted reasonably in all respects.