In re Arrigo

Dec

2008

Ruling

Trustee's objection to confirmation overruled as there was no substantial change in circumstances to warrant deviation from Form 22C projected disposable income calculation.

Procedural posture

The matter came before the court on confirmation of the Second Amended Chapter 13 Plan filed by debtors, and the objection thereto filed by the Standing Chapter 13 Trustee.

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Court :

District of Colorado ( Judge Romero ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on December 04, 2008 , LexisNexis #0209-129

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11 U.S.C.
- § 1515

In re Ernst & Young Inc.

Feb

2008

Ruling

Canadian action against Canadian corporation and Colorado LLC recognized as foreign main proceeding.

Procedural posture

A receiver filed a petition seeking recognition of an action that was filed against a Canadian corporation and a Colorado limited liability company (LLC) in the Court of Queen's Bench of Alberta, District of Calgary, Canada, pursuant to 11 U.S.C.S. §§ 1515 and 1517. The Securities Commissioner for the State of Colorado and parties who had sued the Canadian corporation and the Colorado LLC in federal district court opposed recognition.

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Court :

District of Colorado ( Judge Romero ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on February 08, 2008 , LexisNexis #0508-023

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11 U.S.C.
- § 1124
- § 1124(2)

In re Sweet

May

2007

Ruling

Creditor entitled to default rate of interest and attorneys'fees but not late charges.

Procedural posture

Chapter 11 debtors challenged a proof of claim filed by a creditor, which sought an award of default interest, attorney's fees and costs, and late charges pursuant to 11 U.S.C. § 1124(2).

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Court :

District of Colorado ( Judge Romero ) [ Bankruptcy Court ]

opinion summary, case decided on May 21, 2007 , LexisNexis #0607-136

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11 U.S.C.
- § 333

In re Saber

Apr

2007

Ruling

Appointment of health care ombudsman not necessary where experienced physician in good standing had adequate procedures in place to protect privacy of patients.

Procedural posture

The debtor, a medical professional corporation ("PC"), filed a voluntary petition for relief under chapter 11. The debtor filed a motion for relief from the requirements of 11 U.S.C. § 333, which required appointment of a patient care ombudsman. The court issued findings of fact and conclusions of law.

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Court :

District of Colorado ( Judge Romero ) [ Bankruptcy Court ]

opinion summary, case decided on April 26, 2007 , LexisNexis #0707-037

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