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6 Dec 2007, 2:34 pm
The 2002 decision in In re Shilo Inn, Diamond Bar, LLC, 285 B.R. 726 (Bankr.D.Or.2002)(Perris, J.) addressed the issue of whether the servicer of mortgage loan pools held by securitized mortgage trusts possessed the power to vote the trusts' claims with respect to the debtors' proposed chapter 11 plan of reorganization or whether the claims could only be voted by the trusts' certificate holders. [read post]
27 Nov 2007, 10:59 am
In the recent case of In re Maisel, ___ B.R. ___, 2007 WL 4029094 (Bankr.D.Mass. [read post]
5 Nov 2007, 9:10 pm
B.R., referred to at page 275 of the text: 2004 Carswell Alberta, 906; RFL, 5th ser., 50 (2004):206 Page 328, note 116: R. v. [read post]
2 Nov 2007, 6:10 pm
"  Because there was no New York case on point to determine whether the communications at issue were made in confidence or not, the court took guidance from In re Asia Global Crossing, Ltd., 322 B.R. 247 (S.D.N.Y. 2005), a federal bankruptcy case the court found “virtually identical to this case,” and a case upon which both parties relied. [read post]
29 Oct 2007, 7:26 pm by Dean T. Kirby, Jr.
See, In re Ford, 492 F.3d 1148 (10th Cir. 2007), following In re Grogan, 300 B.R. 804 (Bankr. [read post]
23 Oct 2007, 10:03 am by Dean T. Kirby, Jr.
” The BAP reversed, reluctantly concluding that it was bound by its own precedent in In re McSheridan, 184 B.R. 91 (Bankr. [read post]
23 Oct 2007, 7:03 am
A  nightmare came true for the filer in In re Falcone, 370 B.R. 462 (Bankr D MA 2007) (Hillman, J), which ruled that the absence of debt counseling before the filing was fatal to the filing even though she only had two days’ notice  of the imminent foreclosure and her counsel’s paralegal misunderstood the counseling requirement. [read post]
22 Oct 2007, 6:20 am
  See also In re Jones, 366 B.R. 584 (Bankr.E.D.La. 2007). [read post]