In re Residential Capital LLC
Jun
20
2012
Ruling
Examiner appointed in complex chapter 11 case of debtor that operated loan servicer.
Procedural posture
Moving creditor sought the appointment of an examiner, pursuant to 11 U.S.C.S. § 1104(c), to investigate and report on the actions of the affiliated debtors including, without limitation, the debtors' pre-petition transactions with a non-debtor entity.
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Court
:
- 11 U.S.C.
In re Smith
May
21
2012
Ruling
Past fraudulent conduct was not grounds for appointment of chapter 11 trustee.
Procedural posture
A bankruptcy administrator (BA) filed a motion for appointment of a chapter 11 trustee on the grounds that the pre-petition fraudulent conduct to which the male debtor pled guilty during the bankruptcy case constitute cause under 11 U.S.C.S. § 1104(a)(1). The debtor opposed the motion, as did a creditor that provided post-petition financing to the debtors.
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Court
:
Citizens Corp. v. Tennessee Commerce Bank (In re Citizens Corp.)
Feb
27
2012
Ruling
Chapter 11 trustee appointed due to principal's withdrawal of funds from key subsidiary of debtor.
Procedural posture
Chapter 11 debtor filed an expedited motion for contempt and sanctions for violation of the automatic stay and an expedited motion for a preliminary injunction. Defendant lead lender filed a motion pursuant to 11 U.S.C.S. § 1104(a) for appointment of a chapter 11 trustee.
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Court
:
In re Michigan BioDiesel LLC
Oct
31
2011
Ruling
Chapter 11 examiner appointed to make sure debtor had not engaged in tax fraud.
Procedural posture
The court entered an Order to Show Cause on September 27, 2011 because it doubted the propriety of substantial excise tax refunds that the chapter 11 debtor and a non-debtor were claiming from the United States Treasury. The Show Cause Order directed debtor to explain why the court should not appoint a Chapter 11 trustee or examiner under 11 U.S.C.S. § 1104(a).
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Court
:
- 11 U.S.C.
In re Piedmont Ctr. Invs. LLC
Sep
08
2011
Ruling
Chapter 11 trustee appointed due to indictment of debtor's partial owner for several felonies.
Procedural posture
A bankruptcy administrator filed an emergency motion for appointment of a chapter 11 trustee under 11 U.S.C.S. § 1104(a)(1) after a federal grand jury indicted the debtor's partial owner and manager on felony counts related to bank fraud, false statements, and identity theft.
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Court
:
Keeley & Grabanski Land Pship v. Keeley (In re Keeley & Grabanski Land Pship)
Sep
06
2011
Ruling
Chapter 11 trustee properly appointed in involuntary case due to fraud by debtors and their partners.
Procedural posture
Chapter 11 debtor challenged a decision of the U. S. Bankruptcy Court for the District of North Dakota, appointing a trustee in its involuntary chapter 11 case under 11 U.S.C.S. § 1104(a).
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Court
:
Judge or Jurisdiction information not available
In re Celeritas Techs. LLC
Mar
14
2011
Ruling
Chapter 11 trustee appointed due to debtors' improper attempt to use bankruptcy to retain assets and evade debts to creditors.
Procedural posture
In these substantively consolidated cases, a judgment creditor filed a motion to appoint a Chapter 11 trustee pursuant to 11 U.S.C.S. § 1104(a).
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Court
:
- 11 U.S.C.
In re Golden Grove Pecan Farm
Sep
02
2010
Ruling
Chapter 11 trustee appointed in case of receivership.
Procedural posture
The debtors were receiverships created by order of the state court. In a contested matter, the U.S. trustee filed a motion to appoint a chapter 11 trustee, related parties filed a motion to substitute real parties in interest, and the state court appointed receiver filed a notice of intent to comply with orders of the state court by turning over property of the estate to the related parties.
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Court
:
- 11 U.S.C.
In re JNL Funding Corp.
Aug
26
2010
Ruling
Examiner appointed to investigate allegations of fraud, dishonesty, incompetence, misconduct and mismanagement of chapter 11 debtor.
Procedural posture
Debtor filed a petition for relief pursuant to chapter 11 of the Bankruptcy Code. The case was marked by increasing acrimony, motion practice, letters to the court, and discovery disputes, all of which appeared to be increasing the costs of administration of the estate and the costs to parties-in-interest. The court directed debtor to appear and show cause why an examiner should not be appointed.
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Court
:
- 11 U.S.C.
In re Ricco Inc.
Jun
28
2010
Ruling
Chapter 11 trustee appointed due to gross mismanagement.
Procedural posture
The United States Trustee (UST) sought the appointment of chapter 11 trustees in debtors' bankruptcy cases on grounds of gross mismanagement and incompetence. Debtors applied to employ bankruptcy counsel.
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Court
: