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Bankruptcy Law Summaries May 8, 2006

Page history last edited by david 3 yrs ago
  • Caradon Doors & Windows, Inc. v. Eagle-Picher Indus., Inc.

* United Airlines v. U.S. Bank Nat'l Ass'n, Inc.

* Colsen v. US

* Ladd v. Ries

* Boivin v. U.S. Airways, Inc.

U.S. 6th Circuit Court of Appeals

 

Caradon Doors & Windows, Inc. v. Eagle-Picher Indus., Inc. (05/05/06 - No. 04-3747)

A district court's reversal of a bankruptcy court's grant of a motion to stay a contract and patent action, involving artificial-wood door manufacturing against a reorganized debtor, is affirmed where the definition of post-confirmation recoverable administrative-expense claims in the debtor's reorganization plan covered plaintiff's claims.

http://caselaw.lp.findlaw.com/data2/circs/6th/043747p.pdf

 

U.S. 7th Circuit Court of Appeals

 

United Airlines v. U.S. Bank Nat'l Ass'n, Inc. (05/04/06 - No. 05-1460)

District court judgment is reversed in a bankruptcy proceeding involving the retention of airport facilities where an arrangement between airline and bond-issuing public entity was improperly qualified as a lease, rather than a secured loan.

http://caselaw.lp.findlaw.com/data2/circs/7th/051460p.pdf

 

U.S. 8th Circuit Court of Appeals

 

Colsen v. US (05/04/06 - No. 05-2476)

In the context of bankruptcy proceedings, the honesty and genuineness of a filer's attempt to satisfy tax laws when filing IRS tax returns should be determined from the face of the form itself, not from the filer's delinquency or the reasons for it.

http://caselaw.lp.findlaw.com/data2/circs/8th/052476p.pdf

 

Ladd v. Ries (05/05/06 - No. 05-1606)

A decision denying bankruptcy debtors' motion to amend their asset schedules to claim their farm as exempt property under state law is reversed where the doctrine of res judicata did not preclude such action.

http://caselaw.lp.findlaw.com/data2/circs/8th/051606p.pdf

 

U.S. District of Columbia Circuit Court of Appeals

 

Boivin v. U.S. Airways, Inc. (05/02/06 - No. 05-5165)

Claims brought by retired pilots of a bankrupt carrier seeking to compel the Pension Benefit Guaranty Corporation to correct alleged errors in its calculation of estimated benefits due under ERISA and a retirement income plan are dismissed due to the pilots' failure to exhaust their administrative remedies.

http://caselaw.lp.findlaw.com/data2/circs/dc/055165a.pdf

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