U.S. 2nd Circuit Court of Appeals, April 13,
2007
Adelphia
Bus. Solutions, Inc. v. Abnos, No.
05-6622
Affirmance of bankruptcy court's retroactive
approval of the decision of debtor to reject under 11 U.S.C. section
365(a) an unexpired, nonresidential lease with appellant lessor is
affirmed over claim that the bankruptcy court either lacked
equitable authority to make its rejection order retroactive, or it
abused its discretion in doing so. Read
more...
U.S. 7th Circuit Court of Appeals, April 09,
2007
Dollie's
Playhouse, Inc. v. Nable Excavating, Inc., No.
06-2687
Dismissal of an adversary complaint by a
debtor in bankruptcy against a creditor is affirmed where the suit
was barred by res judicata since the present complaint arose from
the same underlying business and personal disputes as a previous
state court judgment and involved the same issue of what money and
property was owed between the parties. Read
more...
U.S. 7th Circuit Court of Appeals, April 09,
2007
In
Re: ABC-Naco, Inc., No. 06-1719
In a suit by a
committee of unsecured creditors of a bankrupt company to recover
payments to a software vendor, the district court's determination
that the payments were preferential and should be returned to the
bankruptcy estate for the benefit of the unsecured creditors is
affirmed where the debtor did not receive new value in exchange for
its payments to the vendor, therefore the payments were
preferential. Read
more...
