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
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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
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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 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
:
- 11 U.S.C.
Taub v. Taub (In re Taub)
Apr
09
2010
Ruling
Chapter 11 trustee appointed due to debtor's demonstrated inability to manage estate effectively.
Procedural posture
A Chapter 11 debtor-in-possession filed a motion to restrain defendant, her husband, from collecting rental income from properties titled in her name. The husband's sister filed a motion for an order compelling the debtor to pay administrative expenses relating to certain real property. The court issued an order to show cause (OSC) why it should not consider the appointment of a trustee under 11 U.S.C.S. § 1104(a)(2) or (a)(3).
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Court
:
In re Eurospark Indus.
Mar
03
2010
Ruling
Chapter 11 trustee appointed due to conflict of interest on part of debtor in possession's sole shareholder.
Procedural posture
Debtor jewelry company filed a petition under chapter 11 in 1998, and was allowed to operate its business as a debtor-in-possession. The United States Trustee (UST) filed a motion for an order appointing a chapter 11 trustee, pursuant to 11 U.S.C.S. § 1104(a)(2) and (3). The debtor's largest secured creditor supported the motion; however, the debtor and its sole shareholder opposed the motion.
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Court
:
In re Taaf LLC
Feb
12
2010
Ruling
Chapter 11 trustee appointed due to manager's incompetence and gross mismanagement.
Procedural posture
A creditor filed an emergency motion for appointment of a chapter 11 trustee under 11 U.S.C.S. § 1104 based on the alleged incompetence and mismanagement of the debtor's affairs by its manager. The Bankruptcy Administrator filed a response in support of the motion. The debtor objected to the motion.
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Court
:
In re Daily
Oct
19
2009
Ruling
Eight-year old state court judgment for misconduct was not grounds for appointment of chapter 11 trustee.
Procedural posture
This matter came before the court upon a judgment creditor's motion to appoint a chapter 11 Trustee. Debtor opposed the motion. The U.S. Trustee stated his position that a chapter 11 Trustee should not be appointed.
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Court
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