Recently in Bankruptcy Law Category

In an appeal from the district court's affirmance of the bankruptcy court's order requiring a liquidating trust to pay post-petition attorneys' fees on a claim that stemmed from a pre-petition indemnity agreement, the judgment is affirmed where such claims are categorically allowable.

Read Ogle v. Fidelity & Deposit Co. of Md., No. 09-0691

Appellate Information

Argued: October 15, 2009

Decided: November 5, 2009

Judges

Opinion by Judge Jacobs

Counsel

For Appellant:

Jeffrey A. Dove and James C. Thoman, Menter, Rudin & Trivelpiece, P.C., Syracuse, NY

For Appellee:

Glenn M. Fjermedal, Lacy Katzen LLP, Rochester, NY

In a debtor's appeal from a district court's order reversing the bankruptcy court's confirmation of the debtor's Chapter 13 plan, the district court's order is affirmed where the New York Court of Appeals held, in response to a certified question from the court of appeals, that negative equity on a trade-in vehicle is included in the purchase money security interest accompanying a new car's purchase and is therefore protected from cramdown by the Hanging Paragraph of Section 1325 of the Bankruptcy Code.

Read In re: Peaslee, No. 07-3962

Appellate Information

In an appeal from the district court's order affirming a bankruptcy court's order applying section 502(d) of the Bankruptcy Code to disallow a request for payment of administrative expenses until debtor's predecessor in interest returned a preferential transfer, the order is vacated where section 502(d) does not bar allowance of administrative expenses within the scope of section 503(b).

Read In re: Ames Dept. Stores, Inc., No. 07-1362

Appellate Information

Argued: August 29, 2008

Decided: September 18, 2009

Judges

Per Curiam

Counsel

For Appellant:

Robert J. Butler, Wiley Rein LLP, McLean, VA

Rebecca L. Saitta, Wiley Rein LLP, McLean, VA

For Appellee:

Martin J. Bienenstock, Weil, Gotshal & Manges LLP, New York, NY

District court order affirming bankruptcy court's grant of summary judgment for defendant is vacated and remanded where: 1) plaintiff's objections to the procedures leading up to the grant of summary judgment are without merit; 2) the court erred in granting summary judgment as plaintiff should have been allowed to complete discovery of defendant; and 3) there were genuine issues of material fact regarding plaintiff's claim of an alleged conspiracy to misappropriate its trade secrets.    

Read Jasco Tools, Inc. v. Dana Corp., No. 08-2762

Appellate Information
Appeal from the United States District Court for the Southern District of New York.
Argued: January 15, 2009
Decided: July 31, 2009

Judges
Before KEARSE, HALL, and LIVINGSTON, Circuit Judges.
Opinion by KEARSE, Circuit Judge.

Counsel
For Appellant: Alexander Geiger, Rochester, NY.

For Appelle: William Gandy, McLean, VA.