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Official Comm. of Unsecured Creditors of ABC-NACO Inc. ex rel. ABC-NACO Inc. v. Bank of Am.

Ruling
BAPCPA preference recovery provision is not unconstitutional.
Procedural posture

Appellant committee appealed a ruling of the Bankruptcy Court of the Northern District of Illinois, that retroactive application of § 1213 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) in appellant's adversary proceeding to avoid contested liens per 11 U.S.C.S. § 547(b) did not violate either the Due Process Clause or the Takings Clause of the Fifth Amendment to the U.S. Constitution.

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Commercial opinion summary, case decided on February 27, 2009 , LexisNexis #0409-008

LaSalle Bank v. Great Am. Group Inc. (In re Goldblatts Bargain Stores Inc.)

Ruling
Proceeding for determination of amount, validity and priority of interests in liquidation of debtor's inventory was a core proceeding.
Procedural posture

A chapter 7 trustee filed an adversary proceeding against plaintiff bank and defendant commercial liquidator to determine the amount, validity, and priority of their interests in a guaranteed amount paid in connection with the liquidation of the chapter 7 debtor's inventory. The bank and the liquidator filed cross-appeals from the bankruptcy court's judgment. The bank filed a dismissal motion, attacking the bankruptcy court's jurisdiction.

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opinion summary, case decided on April 03, 2007 , LexisNexis #0507-070