Skip to main content

Page Banner(Taxonomy)

judge melgren

Patriot Mfg. LLC v. Hartwig Inc.

Feb
06
2014
Ruling
Breach of contract claim by LLC dismissed due to failure of its sole member to disclose the claim in bankruptcy.
Issue(s)
Should summary judgment should be granted in favor of defendant in a breach of contract action on the basis of judicial estoppel because debtor failed to disclose his ownership interest in plaintiff LLC and failed to disclose the lawsuit when he filed his personal bankruptcy petition?

ABI Membership is required to access the full summary of Patriot Mfg. LLC v. Hartwig Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 06, 2014 , LexisNexis #0714-048
LexisNexis Article
Learn More

Speth v. Whitham Farms Feedyard LP (In re Sunbelt Grain WKS LLC)

Mar
31
2010
Ruling
Bankruptcy court properly held that equitable subordination did not apply to give buyer superior interest to bank.
Procedural posture

In a chapter 7 adversary proceeding, appellant creditor challenged a ruling of the U.S. Bankruptcy Court for the District of Kansas granting summary judgment to appellee bank and finding that the bank's security interest in the debtor's grain inventory was superior to that of the creditor. The debtor operated storage facilities that it used in buying and storing grain for farmers.

ABI Membership is required to access the full summary of Speth v. Whitham Farms Feedyard LP (In re Sunbelt Grain WKS LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 31, 2010 , LexisNexis #0610-048
LexisNexis Article
Learn More

Boeing Wichita Credit Union v. Parks (In re Fox)

Mar
04
2009
Ruling
Credit card balance transfer properly held to be preferential.
Procedural posture

Appellant credit union appealed a decision of the bankruptcy court for the District of Kansas, which entered judgment in favor of appellee trustee and against the credit union. The trustee had sought to recover a $3,400 payment made to the credit union, which was made during the preference period, to pay down the debtors' credit union account.

ABI Membership is required to access the full summary of Boeing Wichita Credit Union v. Parks (In re Fox) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 04, 2009 , LexisNexis #0409-102
LexisNexis Article
Learn More
Subscribe to %1