Rederford v. US Airways Inc.
Dec
14
2009
Ruling
Possibility of pursuing equitable remedy of reinstatement did not remove Americans with Disabilities Act claim from scope of discharge injunction.
Procedural posture
Plaintiff former employee filed a complaint alleging her termination violated Title I of the Americans with Disabilities Act (ADA), 42 U.S.C.S. §§ 12111-12117, and seeking reinstatement, damages, and attorney's fees. Defendant former employer moved to dismiss, asserting that the suit was barred by a bankruptcy court's permanent injunction. The district court for the District of Rhode Island granted the motion. The employee appealed.
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Court
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Judge or Jurisdiction information not available
In re Washington Mutual Inc.
Dec
02
2009
Ruling
Note holders' group was an "entity" that could be compelled to comply with notice requirements.
Procedural posture
Movant, the creditor purchasing substantially all of the debtor's assets, sought to compel the debtor's note holders group to comply with the notice requirements of Fed. R. Bankr. P. 2019(a), because it was an entity or committee representing more than one creditor, similar to an ad hoc creditors committee or a shareholder's committee.
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Court
:
- 11 U.S.C.
In re CCT Communs. Inc.
Nov
25
2009
Ruling
Case dismissed where "small business debtor" failed to file plan during period of exclusivity and then sought to challenge "small business" status.
Procedural posture
A debtor filed a bankruptcy petition indicating that the debtor was a small business debtor, and the debtor obtained an extension of the period of exclusivity for a small business debtor to file a plan, but the debtor failed to confirm a plan within the period established for small business debtors. Creditors moved to dismiss the debtor's bankruptcy case.
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Court
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Alderwoods Group Inc. v. Garcia
Nov
25
2009
Ruling
State court claims based on cemetery operator debtors' failure to locate bodies of plaintiffs' relatives were not discharged due to insufficient notice.
Procedural posture
Plaintiffs, owners and former owners of a cemetery in Miami, Florida (former debtors), sought a declaration that all of the claims asserted by defendant tort claimants in a state court case were discharged in a prior bankruptcy case. The parties filed cross motions for summary judgment.
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Court
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Whitfield v. CDX Gas LLC (In re CDX Gas LLC)
Nov
10
2009
Ruling
Creditors with proofs of claim to which debtor did not object had standing to seek exclusion of escrowed funds from estate.
Procedural posture
Plaintiffs filed an adversary proceeding against defendants, debtors and a company, seeking a determination of whether property was excluded from the estate under 11 U.S.C.S. § 541(b)(1) and (d). The property consisted of funds payable to the debtors pursuant to the provisions of a settlement agreement, an escrow agreement, and a purchase agreement. Defendants filed motion to dismiss the complaint for failure to state a claim.
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Court
:
- 11 U.S.C.
In re Kucharz
Oct
28
2009
Ruling
Unemployment compensation received in six months prior to petition date should be treated as regular monthly income.
Procedural posture
The chapter 7 debtor disclosed that he had received unemployment compensation totaling $ 1,230 during the six-month period preceding the bankruptcy filing, but claims it as a benefit under the Social Security Act (SSA) that need not need to be included in the calculation of his current monthly income (CMI) on Official Bankr. Form. 22C. The chapter 13 trustee filed an objection, asserting the compensation must be listed as CMI.
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Court
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Wallach v. Douglas (In re Promedicus Health Group LLP)
Oct
14
2009
Ruling
Registered limited liability partnership was a "corporation" for purposes of determining insolvency.
Procedural posture
Plaintiff bankruptcy trustee filed an action against defendants, former partners in a New York registered limited liability partnership (RLLP) that declared bankruptcy and others, claiming that the RLLP was a "corporation," as that term was defined in 11 U.S.C.S. § 101(9), for purposes of determining if it was insolvent. The trustee filed a motion for summary judgment.
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Court
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In re Shearin Family Invs. LLC
Oct
13
2009
Ruling
Creditors entitled to specific performance of condominium sale agreement with debtor.
Procedural posture
The chapter 11 debtor, a condominium developer, and creditor purchasers filed cross-motions for summary judgment regarding claims filed by the purchasers representing their contracts with the debtor for purchase of condominium units.
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Court
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Hutson v. M.J. Soffe Co. (In re National Gas Distribs. LLC)
Aug
25
2009
Ruling
Agreements between LLC and debtor for purchase of natural gas were not "swap agreements" and were avoidable.
Procedural posture
Plaintiff chapter 11 trustee filed an adversary proceeding against an defendant LLC, seeking a determination that contracts debtor a natural gas distributor concluded with the LLC were fraudulent transfers and preferential transfers that could be avoided under 11 U.S.C.S. §§ 548(a)(1)(A) and (B), 547(b), and 550(a)(1). The LLC filed a motion for summary judgment.
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Court
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In re Poe
Jul
29
2009
Ruling
Debtors who were no longer family farmers were ineligible to file under chapter 12.
Procedural posture
The debtors filed for relief under chapter 12 of the United States Bankruptcy Code and submitted a proposed plan. The debtors sought to strip down the deed of trust liens of a creditor to the value of their real property and then to amortize the notes over a 40-year period. The creditor objected to the proposed treatment of the loans and the court held an evidentiary hearing on the debtors' eligibility under chapter 12.
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Court
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