Judge Weaver

In re Millennium Multiple Emplr. Welfare Benefit Plan

The debtor, which was an employer welfare benefit plan, filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. The debtor was now, and had been since its filing of the Chapter 11 petition, in possession of its assets and it had been operating as debtor-in- possession. The debtor and the official committee of unsecured creditors filed a joint motion for approval of settlement.
Ruling: 
Approval of settlement proposing to distribute significant assets to unsecured creditors denied as an impermissible sub rosa plan.
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Commercial case opionion summary, case decided on February 18,2011, LexisNexis #0611-140

Tulsa Spine & Specialty Hosp. LLC v. Schoen (In re Schoen)

Plaintiff hospital filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a joint and several judgment debt it had acquired against the debtor and his former wife was nondischargeable under 11 U.S.C.S. § 523(a)(4) and (6). The bankruptcy court held a hearing. The parties submitted supplemental briefs at the bankruptcy court's request.
Ruling: 
Debt owed to hospital under security agreement that did not create an express trust was dischargeable.
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Consumer case opionion summary, case decided on July 02,2009, LexisNexis #0909-085

In re Gaylon

The United States Trustee ("UST") filed a motion, pursuant to 11 U.S.C. § 707(b)(1), (2), to dismiss a debtor's chapter 7 bankruptcy case based on the presumption of abuse.
Ruling: 
Deduction for payments due on home mortgage allowed regardless of intent to surrender residence.
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Rocin Liquidation Estate v. Alta AH&L (In re Rocin Intl Inc.)

Plaintiff, the liquidation estate of the debtor, brought an adversary complaint against defendant creditor, the provider of health benefits for independent contractors engaged by the debtor. The complaint sought avoidance of certain alleged preferential transfers and recovery of their monetary value pursuant to 11 U.S.C. § 547.
Ruling: 
Transfers to provider of health care benefits to debtor's independent contractors within 90 days prior to petition date were avoidable.
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Rocin Liquidation Estate v. Pan-American Life Ins. Co. (In re Rocor Intl Inc.)

Plaintiff, the liquidation estate which was debtor's successor, brought an action against defendant creditor, seeking to avoid a $67,610 payment as a preference under 11 U.S.C. § 547. Before the court were the parties'cross-motions for summary judgment.
Ruling: 
Transfer via check was deemed a contemporaneous exchange for new value not a payment on account of an antecedent debt since the date of delivery of the check was the transfer date.
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In re Rocor Intl Inc.

A bankruptcy debtor was entitled to refunds for overpaid excise taxes on fuel, but the IRS retained the refunds as a setoff against excise taxes due for heavy vehicle highway use. The liquidation estate of the debtor moved for turnover of the refunds, and the IRS moved for summary judgment.
Ruling: 
Setoff was inappropriate where IRS applied postpetition tax refunds to prepetition tax liability.
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