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Bankruptcy Law

[07/10] In Re World Imports
Reversing and remanding a Bankruptcy Court decision stating that constructive possession occurred when goods were shipped, finding that the creditor's ability to recover as a priority administrative expense the value of goods received by the debtor within 20 days before the filing of a bankruptcy petition is limited to items in the physical possession of the buyer within that period. Because the goods at issue were received within this 20 day window the goods were subject to the bankruptcy despite having been shipped more than 20 days before the filing by common carrier.

[07/07] Partida v. US Dept. of Justice
Affirming the Bankruptcy Appellate Panel's determination that the Bankruptcy Code's automatic stay provision does not prevent the government from collecting criminal restitution under the Mandatory Victims Restitution Act.

[06/14] Weil v. Elliott
In a Chapter 7 bankruptcy trustee's adversary proceeding seeking revocation under 11 U.S.C. section 727(d) of a debtor's discharge on the ground that the discharge was obtained by fraud, the bankruptcy court's judgment grant of summary judgment to the trustee, revoking the discharge and dismissing the action is reversed where the one-year filing deadline imposed by section 727(e)(1) is not a jurisdictional constraint, but rather is a statute of limitations.

[06/12] Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC
In a bank-creditor's appeal of a bankruptcy court's order cancelling its deed of trust covering a piece of real property, two years after the court order and several months after the property was sold in foreclosure to a bona fide purchaser for value, the district court's denial of the creditor's motion to set aside the bankruptcy court's order is affirmed where, at every stage of this litigation, the creditor was in the best position to protect its interests, and failed to do so.

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