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In re City of Vallejo, 403 B.R. 72 (Bankr. E.D. Cal. 2009)

City was potentially entitled to utilize 11 U.S.C.S. § 365 to reject executory collective bargaining agreements with public employee unions because it was authorized under Cal. Gov’t. Code § 53760 to file a chapter 9 petition. State labor laws applicable outside of bankruptcy context...

Florida Dept. of Revenue v. Piccadilly Cafeterias, 128 S. Ct. 2326 (2008)

A debtor could not rely on 11 U.S.C.S. § 1146(a) to avoid a state revenue department's stamp taxes because the debtor had transferred its assets before its Chapter 11 plan was confirmed by the bankruptcy court; 11 U.S.C.S. § 1146(a) did not apply to pre-confirmation transfers. Lexis...

Travelers v. Pacific Gas & Electric, 549 U.S. 443 (2007)

Surety's claim in debtor's bankruptcy for attorney fees under indemnity agreements between surety and debtor was improperly disallowed on ground that fees were incurred litigating bankruptcy rather than contractual issues, since claim was allowed under 11 U.S.C.S. § 502(b) in absence of...

United States v. Atl. Research Corp., 551 U.S. 128 (2007)

Lessee that performed work for the federal government at a Department of Defense facility could bring an action under 42 U.S.C.S. § 9607(a) of CERCLA to recover costs of cleaning up contamination at the site; any private party, including a potentially responsible party, could bring a cost recovery...

The Travelers Indemnity Company, et al. v. Pearlie Bailey, et al., 2009 U.S. LEXIS 4537

Bankruptcy injunction barring actions against insurers of the bankruptcy debtor's asbestos liability applied to preclude claims that the insurers concealed the dangers of asbestos, since the claims clearly related to the insurers' coverage of the asbestos liability and the injunction was not...

In re Boyajian, 2009 U.S. App. LEXIS 9607

Bankruptcy court erred in granting summary judgment for debtors because, assuming creditor was recipient of general assignment of default judgment against debtors, it could stand in shoes of assignor and pursue nondischargeability action under 11 U.S.C.S. § 523(a)(2)(B), based on materially false...

In re Paschall, 2009 Bankr. LEXIS 938

Chapter 7 trustee was allowed to avoid interests in two parcels of real property a debtor transferred to a trust for the benefit of his wife as part of a divorce settlement, as preferential transfers to an insider under 11 U.S.C.S. § 547, and to recover both parcels from the debtor's ex-wife...

In re Landamerica Financial Group, Inc., 2009 Bankr. LEXIS 940

Property which a Chapter 11 debtor held in segregated accounts for a former customer that was involved in exchanging property under 26 U.S.C.S. § 1031 was not held in trust at the time the debtor declared bankruptcy, and it was not excluded from the debtor's bankruptcy estate under 11 U.S.C...

In re Gamaldi, 2009 Bankr. LEXIS 960

Genuine issue of material fact existed as to whether a husband received fair consideration for $ 45,000 his wife transferred to the husband's stepmother under a property settlement agreement which precluded the court from granting summary judgment on a Chapter 7 trustee's claims that the transfer...

Hamilton, Chapter 13 Trustee v. Lanning, 2008 U.S. App. LEXIS 23563, 545 F.3d 1269 (10th Cir., Nov. 13, 2008) (S. Ct. oral argument: 3/22/2010)

Schwab v. Reilly, 2008 U.S. App. LEXIS 15395, 534 F.3d 173 (3rd Cir., July 21, 2008) (S. Ct. oral argument: 11/3/09)