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Sunday, August 13, 2006

Rounding up, up, up!

6th Circuit In Re: Cook (08/09/06 - No. 05-6613) In an action brought by the trustee of a bankruptcy estate, a judgment holding that a bank, in recording its interest as the assignee of a mortgage, did not violate an automatic stay of any proceedings against debtors after they filed for bankruptcy is affirmed where the bank did not transfer or attempt to perfect legal title to the debtors' property, but recorded only the bank's equitable interest in the property, which did not belong to the debtors. 7th Circuit Dick v. Conseco, Inc. (08/11/06 - No. 05-4352) Summary judgment for employer in an action over the effects of bankruptcy on employee benefits for a senior officer is affirmed where the employment contract was not executory for the purposes of 11 U.S.C. section 365(e)(1), thus the early termination clause in the contract was not invalidated and ended employer's obligations upon filing for bankruptcy. 11th Circuit Daewoo Motor Am., Inc. v. General Motors Corp. (08/11/06 - No. 04-15878) Dismissal of plaintiff's claims on the ground of international comity is affirmed over claims that: 1) the district court erroneously concluded that the order of the Korean bankruptcy court that approved the reorganization of plaintiff's Korean parent company did not violate the automatic stay of plaintiff's bankruptcy; 2) the order of the Korean court was not entitled to comity; 3) even if comity was appropriate, the order of the Korean court had no effect on the claims that plaintiff raised against the defendants; and 4) the California bankruptcy court erred when it dismissed the claim for unjust enrichment with prejudice.

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