5th Circuit

Margolies v. Deason (09/11/06 - No. 05-10928)

Dismissal, as time-barred, of all claims brought by certain shareholders of a company, relating to defendant's alleged self-dealing and fraud, which resulted in the collapse of the company, is reversed in part where the district court improperly concluded on summary judgment that a reasonable plaintiff should have known that transactions sufficiently raised the specter of fraud as to place him on inquiry notice.

9th Circuit

Hebbring v. U.S. Trustee (09/11/06 - No. 04-16539)

The Bankruptcy Code does not, per se, disallow voluntary contributions to a retirement plan as a reasonably necessary expense in calculating a debtor's disposable income, but rather requires courts to examine the totality of the debtor’s circumstances on a case-by-case basis to determine whether retirement contributions are a reasonably necessary expense for that debtor.

Federal Circuit (09/11/06 - No. 806)

In a case involving a suit, purportedly under the Tucker Act, by a former bankruptcy judge alleging that the denial of his reappointment as a bankruptcy judge was in violation of his due process rights and certain regulations, the government's petition for a writ of mandamus from certain rulings of the Court of Federal Claims is granted where the court should not have exercised jurisdiction over the suit and the requirements for the writ of mandamus were met.