- 11 U.S.C.
FB Acquisition Prop. I LLC v. Gentry (In re Gentry)
Dec
08
2015
Ruling
Bankruptcy court did not err in considering the status of debtors' company's bankruptcy in confirming their chapter 11 plan.
Issue(s)
Did bankruptcy court err in conducting its feasibility analysis before confirming individual debtors' chapter 11 plan?
ABI Membership is required to access the full summary of FB Acquisition Prop. I LLC v. Gentry (In re Gentry) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Redmond v. Jenkins (In re Alternate Fuels Inc.)
Jun
12
2015
Ruling
Debt for promissory notes issued to stockholder should not have been recharacterized as equity.
Issue(s)
Whether a transaction labeled as a loan should be recharacterized as an equity investment?
ABI Membership is required to access the full summary of Redmond v. Jenkins (In re Alternate Fuels Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
UTE Mesa Lot 1 LLC v. First-Citizens Bank & Trust Co. (In re UTE Mesa Lot 1 LLC)
Nov
25
2013
Ruling
Lis pendens was not a preferential transfer.
Issue(s)
Could lis pendens constitute a preferential transfer?
ABI Membership is required to access the full summary of UTE Mesa Lot 1 LLC v. First-Citizens Bank & Trust Co. (In re UTE Mesa Lot 1 LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Rajala v. Gardner
Mar
12
2013
Ruling
Allegedly fraudulently transferred property was not part of bankruptcy estate until recovered.
Procedural posture
Bankruptcy trustee appealed from an order of the U.S. District Court for the District of Kansas, which granted defendants' motions to distribute money held in escrow. The district court held that allegedly fraudulently transferred property was not part of the bankruptcy estate until recovered and therefore was beyond the reach of the automatic stay.
ABI Membership is required to access the full summary of Rajala v. Gardner Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Dill Oil Co. v. Stephens (In re Stephens)
Jan
15
2013
Ruling
BAPCPA did not repeal absolute priority rule by implication.
Procedural posture
The U.S. Bankruptcy Court for the Western District of Oklahoma determined that the Bankruptcy Abuse Prevention and Consumer Protection Act exempted individual chapter 11 debtors from the absolute priority rule, and confirmed appellee debtors' proposed plan of reorganization over appellant creditors' objections that the plan violated the absolute priority rule. The bankruptcy appellate panel certified the case for direct appeal.
ABI Membership is required to access the full summary of Dill Oil Co. v. Stephens (In re Stephens) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Standard Indus. v. Acquila Inc. (In re C.W. Mining Co.)
Nov
08
2010
Ruling
Contempt order against debtor's lessor and broker in favor of judgment creditor affirmed.
Procedural posture
Appellants, a debtor's lessor and broker, sought review of an order of the Bankruptcy Appellate Panel affirming a contempt order of the bankruptcy court for appellants' intentional violation of an automatic stay imposed by 11 U.S.C.S. § 362(a). Appellee, the debtor's judgment creditor, had filed an involuntary bankruptcy petition against appellee debtor and filed the motion for contempt against appellants.
ABI Membership is required to access the full summary of Standard Indus. v. Acquila Inc. (In re C.W. Mining Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Parks v. Dittmar (In re Dittmar)
Sep
14
2010
Ruling
Bankruptcy court erred in not ordering turnover of stock appreciation rights distribution.
Procedural posture
Trustees filed motions to compel turnover of stock appreciation rights (SARs) distributions received by debtors. The bankruptcy court denied the motions, and the Bankruptcy Appellate Panel (BAP) for the Tenth Circuit affirmed. The trustees appealed.
ABI Membership is required to access the full summary of Parks v. Dittmar (In re Dittmar) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Anstine v. Carl Zeiss Meditec AG (U.S. Medical Inc.)
Jul
15
2008
Ruling
Bankruptcy appellate panel properly reversed finding that creditor was an insider where creditor operated at arm's length on transfer in question.
Procedural posture
Appellant trustee sued appellee creditor pursuant to 11 U.S.C.S. § 547(b)(4)(B), seeking to avoid certain transfers. The bankruptcy court held that the creditor was a nonstatutory insider under 11 U.S.C.S. § 101(31) and permitted the trustee to avoid the transfers. The United States Bankruptcy Appellate Panel reversed the bankruptcy court. The trustee appealed the judgment.
ABI Membership is required to access the full summary of Anstine v. Carl Zeiss Meditec AG (U.S. Medical Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Gehrke
Aug
09
2007
Ruling
Deduction of ownership expense for payments on "luxury" motorcycle not indicative of bad faith.
Procedural posture
Before the court for confirmation was debtors'Second Amended Plan, and the trustee's Objection thereto, challenging the deduction of ownership expense on Line 29 of Form B22C for a vehicle that was not secured by a lien, the expense deduction for taxes on Line 30 of Form B22C, and the deduction of secured debt on Line 47 of Form B22C for a motorcycle that was allegedly a luxury item.
ABI Membership is required to access the full summary of In re Gehrke Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: