1st Circuit

Dahar v. Jackson (08/18/06 - No. 05-2702)

Judgment setting aside certain property transfers made to defendant in a bankruptcy action is affirmed where the transfers were constructively fraudulent.

2nd Circuit In re: Layo v. First Nat'l Bank of N. NY (08/15/06 - No. 04-0369) Reversal of bankruptcy court decision and finding that a confirmed Chapter 13 bankruptcy plan is res judicata preventing a debtor from avoiding a mortgage on his property where the mortgage lien, which had been recorded in the land records, was identified in the Chapter 13 plan, is affirmed where the Trustee had both a motive and opportunity to confirm the status of real estate liens affecting the debtor's estate at or before the time that the plan was confirmed. 7th Circuit Black v. Educ. Credit Mgmt. Corp. (08/16/06 - No. 05-1102) Claim for collection costs associated with student loans and computed according to Department of Education regulation 34 C.F.R. section 682.410(b)(2) is allowed to continue where the regulation was neither arbitrary nor capricious. 9th Circuit Unified W. Grocers, Inc. v. Twin City Fire Ins. Co. (08/14/06 - No. 05-15986) Summary judgment for an insurance company in a coverage dispute is reversed where: 1) the district court erred in finding no genuine issue as to whether there was a covered claim that was not inseparable from allegations of willful conduct; 2) a genuine issue of material fact remained as to the extent that an underlying complaint sought restitution of money wrongfully acquired by the insured; and 3) the district court erred in holding that an exclusion precluded coverage for an officer.