Appeals

Circuit Court of Appeals Cases from Last Week

3rd Circuit Court of Appeals, December 31, 2009 In re W.R. Grace & Co., --- F.3d ---, 2009 WL ------------ (3rd Cir. 2009)(no subject matter jurisdiction to expand a preliminary injunction to include Montana actions - bankruptcy court does not...

Contempt Upheld for Injunction Not Yet Reduced to Writing

In one more chapter of the Gary Bradley bankruptcy, the Fifth Circuit Court of Appeals upheld a finding of contempt against the Lazarus Exempt Trust based upon conduct occurring between the court's oral pronouncement of an injunction and its reduction to writing. Matter of Gary Bradley, No. 08-50587 (5th Cir. 11/11/09).

Circuit Court of Appeals Cases from Last Week

2nd Circuit Court of Appeals, December 24, 2009 Kirschner v. KPMG LLP, --- F.3d ---, 2009 WL ---------- (2nd Cir. 2009)(the Court of Appeals certifies questions to the Court of Appeals of New York re consequences of insider conduct and...

Circuit Court of Appeals Cases from Last Week

1st Circuit Court of Appeals, December 14, 2009 Haag v. US, --- F.3d ---, 2009 WL ---------- (1st Cir. 2009)(defenses to IRS request for judgment for unpaid taxes rejected where defenses are foreclosed by res judicata and are without merit)...

San Diego Attorney Margaret Mann appointed as new Bankruptcy Judge in San Diego

As reported on the BK Ct Web page:
http://www.casb.uscourts.gov/html/bulletinbd.htm
N E W S R E L E A S E
December 15, 2009 Contact: Katherine Monterola, (415) 355-8800
Court of Appeals Appoints New Bankruptcy
Judge for Southern District of California
SAN FRANCISCO — Chief Judge Alex Kozinski of the United States Court of Appeals for the
Ninth Circuit today announced the appointment of San Diego attorney Margaret M. Mann to
serve as a judge of the U.S. Bankruptcy Court for the Southern District of California.

Circuit Court of Appeals Cases from Last Week

11th Circuit Court of Appeals, December 03, 2009 In re Coady, --- F.3d ---, 2009 WL -------- (11th Cir. 2009)(discharge denied where: 1) debtor concealed an equitable interest in his wife's businesses; and 2) the doctrine of continuing concealment applies...

Chapter 7 Cram-Down of Second Mortgages

Written by Craig D. Robins, Esq.
 
New Long Island case now permits lien-stripping that was previously impossible
 

Discharge by Declaration: What Chapter 13 Lawyers Can Learn From Chapter 11

This is a paper which I presented to the ABI Winter Leadership Conference on December 4, 2009. I wrote this before the oral argument in Espinosa which is discussed in today's other post.I. Introduction