1st Circuit

In Re: Donald J. Wilding (01/30/07 – No. 05-9011)
Denial of motion to avoid judicial lien on debtor’s residence under 522(f) is remanded — for 522(f) to apply, the lien need not exist at the moment the debtor files its motion.

2nd Circuit

In Re: Enron Corp. (01/29/07 – No. 05-5599)
Dismissal of bankruptcy appeal for failure to comply with Rule 8009 is reversed as Rule 8009’s 15-day time limit for filing of appellant’s brief is only triggered once the appeal is docketed and notice that the appeal has been docketed is sent to the parties — it is not triggered simply by the docketing of a bankruptcy appeal by the district court clerk.

5th Circuit

Peoples State Bank v. Gen. Elec. Capital Corp. (01/29/07 – No. 06-30105)
Decisions resolving the claims of 2 secured creditors to the same proceeds from an auction of non-titled movable collateral are affirmed over multiple claims of error, essentially for the reasons assigned by the bankruptcy court in the first place.

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One response to “

  1. Footnote 7 of this opinion is noteworthy, in that it seems that the 5th Circuit now requires that each of the entities that are proposed to be substantively consolidated first be debtors in bankruptcy. This bright line rule would be different from say the 9th Circuit, which has concluded that a bankruptcy court may substantively consolidate a debtor with a non-debtor entity. See e.g. In re Bonham.