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29 Jul 2008, 11:34 pm
The 10th Circuit relying on the language in In re Schlichtmann, 375 B.R. 41, 95-97 (Bankr. [read post]
15 Jul 2008, 2:11 pm
See, e.g., In re Asia Global Crossing Ltd., 322 B.R. 247, 255 (Bankr. [read post]
16 Jun 2008, 2:45 pm
Ernst & Young (In re CBI Holding Co.), ("CBI I" or "Bankruptcy Opinion"), 247 B.R. 341 (Bankr. [read post]
10 Jun 2008, 12:27 pm
See In re Jordan, 313 B.R. at 256 (quoting In re Lazaro, 128 B.R. at 168, 172-74, which in turn quotes In re Boeckman, 54 B.R. at 111: “[T]he permissive language used in Section 1412 . . . merely says that a district court ‘may’ transfer a case to another district; it does not say it must transfer the case . . . . [read post]
9 May 2008, 11:30 am
”In re McCormick Road Associates, 127 B.R. at 413 (quoting In re Phoenix Piccadilly Ltd., 849 F.2d 1393, 1394 (11th Cir.1988) (emphasis added); see also id. at 415 (“[O]nce a court has properly found that the debtor has failed to satisfy the court's objective good faith inquiry-i.e., whether reorganization is the proper course of action in a particular debtor's case-it may properly dismiss the debtor's petition without considering the… [read post]
23 Apr 2008, 4:22 pm
After a thorough analasys, the Eleventh Circuit held that § 303(b) were jurisdictional based upon binding precedent in In re All Media Properties, Inc., 646 F.2d 193 (5th Cir. 1981), aff’g 5 B.R. 126 (Bankr. [read post]
25 Mar 2008, 11:17 am
MBNA America Bank, 380 B.R. 809 (B.A.P. 9th Cir. 2007). [read post]
24 Mar 2008, 4:29 pm
(citing In Re: Total Containment, Inc., 335 B.R. 589, 617-18 (Bkrtcy. [read post]
11 Mar 2008, 4:41 pm
  The New York Bankruptcy Court ruled the same same way in In re Asia Global Crossing, Ltd., 324 B.R. 503 (Bankr. [read post]
20 Feb 2008, 11:56 pm
" After concluding that a confirmed chapter 11 plan was not required, the Bankruptcy Court looked to four non-exclusive factors, drawn from In re Desai, 282 B.R. 527 (Bankr. [read post]
14 Feb 2008, 3:47 am
Standard (In re Standard), 123 B.R. 444 (Bankr.N.D.Ga.1991), noted it “generally describes certain relationships as confidential, the result of which is that parties in those relationships have greater reason to rely on representations of the other party. [read post]
7 Feb 2008, 11:13 pm
In re Asia Global Crossing, Ltd., 322 B.R. 247 (S.D.N.Y. 2005), one of the earliest decisions on this issue, adopted a four-factor test to analyze when an employee may lose any expectation of privacy and waive the attorney-client privilege by communicating with his personal attorney using an employer e-mail system. [read post]