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Topic 1
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CIVIL AIR PATROL
CASES OF INTEREST
CONSTRUCTION DEFECT — workmanship defects; loan documents — There is no duty assumed by lender UTPCPL and so the trial court sustained the preliminary objections.
Since lender has no duty to inspect premises, liability for defective workmanship or construction can not be imposed on lender when loan documents do not provide such liability.
LENDER LIABILITY
657 EXTON COMMONS
EXTON, PENNSYLVANIA 19341
USA
TELE: 610.280.7078 FAX: +1.866.802.7629
Santo v. Qualcraft, 56 Cumb. 280 (Sept. 007)
In the U.S. 9th Circuit Court of Appeals, on December 31, 2008 ruled that the Bankruptcy court did not abuse its discretion in dismissing debtor's bad-faith Chapter 11 case rather than converting it to Chapter 7. When deciding between dismissal and conversion under 11 U.S.C. section 1112(b), the court must consider the interests of all the creditors; here, the other creditors would fare worse under Chapter 7 because the accompanying discharge would deny them access to debtor's future income
In the Matter of: Owens, No. 07-35634 9th Cir 12/15/08
BANKRUPTCY: It continues to get harder