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Thursday, September 07, 2006

1st Circuit

Pratt v. General Motors Acceptance Corp. (09/01/06 - No. 05-2453)
Judgment that car financing company did not violate a chapter 7 discharge injunction by declining to discharge its lien on the debtors' automobile until they paid the remaining balance due on their pre-petition car loan is reversed where the facts of the case rendered the company's refusal to release its lien objectively coercive in violation of federal bankruptcy law.

3rd Circuit
In re: Scarborough (08/28/06 - No. 04-4298)
In the context of the anti-modification protection afforded in Chapter 13 bankruptcy proceedings by 11 U.S.C. section 1322(b)(2), a mortgage secured by property that includes, in addition to a debtor’s principal residence, other income-producing rental property is secured by real property other than the debtor’s principal residence, and, thus, modification of the mortgage is permitted.

8th Circuit
Neal v. Kansas City Star (08/29/06 - No. 06-1878)

A bankruptcy court judgment sealing a former municipal judge's creditor list is reversed where: 1) the list was not "scandalous" pursuant to section 107(b)(2); and 2) the list was not a "governmental matter made confidential by statute or regulation" and thus, the bankruptcy court abused its discretion in relying on Fed. R. Bank. P. 9018 to seal the list of creditors.

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