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21 Aug 2007, 1:36 am
Barnesandnoble.com, Inc., 239 F.3d 1343, 1350 (Fed. [read post]
21 Aug 2007, 12:05 am
Drexel Burnham Lambert Group, Inc. ( In re Drexel Burnham Lambert Group, Inc.), 960 F.2d 285, 293 (2d Cir.1992); In re Am. [read post]
19 Aug 2007, 9:57 pm
E COURT Case No. ~~07-1499 IAN DECO LIGHTBOURNERespondent [read post]
19 Aug 2007, 3:55 am
The court noted that section 1307(c) permits a court to dismiss a Chapter 13 case "for cause" and that the leading case in the Eleventh Circuit is In re Kitchen, 702 F.2d 885 (11th Cir.1983) which sets forth the "totality of the circumstances" test. [read post]
17 Aug 2007, 10:21 am
The case of In re French, 440 F.3d 145 (4th Cir. 2006) presented the question of whether a U.S. [read post]
17 Aug 2007, 6:00 am
The court noted that its view is essentially the same as that in In re Woods, 173 F.3d 770 (10th Cir.1999) which held that the reopening of a case does not automatically vitiate the abandonment of property under section 554(c), but that a court may under FRBP 9024 vacate the abandonment if the standards of that rule which are the equivalent of FRCP 60 are met.Jordan E. [read post]
16 Aug 2007, 5:41 am
Zur, 190 B.R. 763, 768 (Bankr.S.D.N.Y.1996), In re Yukos Oil Co. 321 B.R. 396, 406 (Bankr.S.D.Tex.2005).Jordan E. [read post]
16 Aug 2007, 12:13 am
Ultimately, the partiesand the judge agreed that his ruling was a temporary injunction.The State indicated: So a temporary injunction is the properterminology, which is in itself a non-f inalnon-appealable order, I believe. [read post]
15 Aug 2007, 10:01 pm
Cir. 2005); Kristin E. [read post]
15 Aug 2007, 6:05 am
Deercreek Enterprices, 885 F.2d, 1293, 1303 (6th Cir.1989). [read post]
14 Aug 2007, 2:22 am
§ 3730(e)(4)(A): one based on the ordinary meaning of the phrase 'based upon' and one based on the precept that a statute should be construed if possible so as not to render any of its terms superfluous. [read post]
11 Aug 2007, 3:39 am
We're sort of at a temporary stopping point. [read post]
10 Aug 2007, 11:28 am
See In re Grand Jury Proceedings, 40 F.3d at 962-63 ("Where an individual's Fourth Amendment rights are not implicated, obtaining the documents does not violate his or her rights, even if the documents lead to indictment. [read post]
9 Aug 2007, 6:59 am
We're sort of at a temporary stopping point. [read post]
9 Aug 2007, 12:39 am
§ 924(e)(1). [read post]
5 Aug 2007, 6:48 pm
Bankruptcy Court for the Northern District of California issued a set of "Guidelines re Sale Orders" as well as a form of "Model Sale Order. [read post]
5 Aug 2007, 6:23 am
In re St. [read post]
5 Aug 2007, 4:59 am
The court cited to In re Chauncey, 454 F.3d 1292 (11th Cir.2206) where the Eleventh Circuit Court of Appeals reaffirmed that an equitable lien may be imposed under Florida law only when money used to obtain an interest in the homestead property is obtained by fraud or egregious conduct. [read post]
31 Jul 2007, 12:51 pm
Cunard, 773 F.2d at 457. [read post]
31 Jul 2007, 7:52 am
The issue before the court in the pre-BAPCPA case of In re Simon, 153 F.3d 991 (9th Cir.1998), cert. denied 525 U.S. 114 (US 1999) was whether a foreign creditor is subject to U.S. bankruptcy court sanction for pursuing foreign collection of a debt discharged in a U.S. bankruptcy case in which the foreign creditor participated. [read post]
