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Adelphia Recovery Trust v. HSBC Bank USA (In re Adelphia Recovery Trust)

Feb
08
2011
Ruling
Trust that actively participated sale of the assets of a related debtor, to which it was a creditor, was properly barred from pursuing fraudulent conveyance claims against three banks holding loans secured by those assets.
Procedural posture

Appellant, a statutory trust created pursuant to a confirmed Chapter 11 reorganization plan for a cable television company, sought review of the U.S. District Court for the Western District of New York's decision affirming in part and reversing in part a bankruptcy court order barring the trust from pursuing fraudulent conveyance claims against appellees, three banks.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 08, 2011 , LexisNexis #0211-123
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Holbrook v. Country Mutual Ins. Co. (In re Burnett)

Jan
31
2011
Ruling
Postpetition liens on insurance settlement fund were avoidable entitling trustee to funds.
Procedural posture

Chapter 7 trustee filed a motion for summary judgment in his declaratory judgment action, claiming that he was entitled to possession, to the exclusion of defendants, post-petition medical lienholders and a post-petition health insurer, of a fund created by a court-approved settlement arising under an uninsured motorist insurance policy issued by defendant insurer. Three lienholders filed counter-motions for summary judgment.

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Consumer opinion summary, case decided on January 31, 2011 , LexisNexis #0611-091
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Bloom v. Knupfer (In re Wind NWave)

Nov
01
2007
Ruling
Bankruptcy appellate panel erred in denying fees incurred by creditors in successfully appealing claim for attorneys'fees in involuntary case.
Procedural posture

Appellants, creditors and their counsel, sought review of an order of the Bankruptcy Appellate Panel for the Ninth Circuit that denied them compensation for their work in appealing the bankruptcy court's denial of a fee award. The creditors asserted they were entitled to such fees pursuant to 11 U.S.C. § 503(b)(4), in addition to compensation for their services in connection with the involuntary petition brought against the debtor.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 01, 2007 , LexisNexis #1107-098
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North Sports Inc. v. Knupper (In re Wind NWave)

Nov
01
2007
Ruling
Creditors entitled to attorneys'fees incurred in successful appeal of denial of attorneys'fees in involuntary chapter 7 case.
Procedural posture

Appellant creditors sought review of an order from the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), which summarily denied their motion under 11 U.S.C. § 503(b)(4) for attorney's fees for services arising out of their successful appeal of the bankruptcy court's denial of attorney's fees for services in connection with the filing of an involuntary chapter 7 petition against the debtor.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 01, 2007 , LexisNexis #1207-130
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Celli v. First National Bank (In re Layo)

Aug
15
2006
Ruling
Confirmation order met requirements for res judicata.
Procedural posture

Appellant trustee challenged an order of the District Court for the Northern District of New York reversing a decision of the bankruptcy court and finding that a confirmed chapter 13, 11 U.S.C. § 1301, bankruptcy plan was res judicata and prevented a debtor from avoiding a mortgage held by appellee bank. The mortgage lien, which had been recorded in the land records, was identified in the chapter 13 plan.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 15, 2006 , LexisNexis #0906-034
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