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§ 1107(a)

Cullinan, In re--Coastal States Bank v. Cullinan

Oct
27
2022
Ruling
Plaintiff was not entitled to reinstatement of its mistakenly cancelled first security deed asdebtor-in-possession was entitled to stand in the shoes of a trustee as a bona fide purchaser forvalue. (Bankr. N.D. Ga.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession; Same Rights and Duties as Trustee.

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Consumer opinion summary, case decided on October 27, 2022 , LexisNexis #0123-019
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USA Gymnastics, In re--USA Gymnastics v. Ace Am. Ins. Co.

Jan
19
2021
Ruling
Debtor's general liability insurers were not obligated to pay the bankruptcy costs as part oftheir duty to defend as the bankruptcy case was not a “suit.” (Bankr. S.D. Ind.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession; Same Rights and Duties as Trustee.

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Commercial opinion summary, case decided on January 19, 2021 , LexisNexis #0221-091
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Indian Harbor Ins. Co. v. Zucker

Jun
20
2017
Ruling
Court ruled that lawsuit by the debtor as debtor in possession on behalf of the bankruptcy estate remained a lawsuit "by" the debtor and would still fit within the insured-versus-insured exclusion. (6th Cir.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession; Same Rights and Duties as Trustee.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 20, 2017 , LexisNexis #0717-112
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Robbins v. Gordon Props. LLC (In re Gordon Props. LLC)

Oct
22
2013
Ruling
Chapter 11 trustee ordered appointed due to poor management and lack of feasibility subject to prior continuation for possible settlement.
Issue(s)
Were mismanagement, ongoing losses and low likelihood that a feasible plan with reasonable possibility of confirmation would be proposed grounds for appointment of chapter 11 trustee.

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Commercial opinion summary, case decided on October 22, 2013 , LexisNexis #1113-065
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In re Commercial Mortg.

Mar
06
2009
Ruling
Motion to impose lien and place other restrictions on debtor in possession granted where there were no secured creditors.
Procedural posture

The official committee of unsecured creditors (UCC) filed three motions: a motion to approve the imposition of liens and encumbrances, a motion to approve restrictions on and limit loan transactions between the debtor and its subsidiaries, and a motion to establish a restricted bank account, pursuant to 11 U.S.C.S. §§ 105, 363(c)(1), 507, 1103(c)(5), and 1107(a). The debtor opposed the motions. There were no secured creditors.

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Commercial opinion summary, case decided on March 06, 2009 , LexisNexis #0509-053
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Hill v. Akamai Techs. Inc. (In re MS55 Inc.)

Feb
13
2007
Ruling
Waiver of avoidance action by debtor in possession was binding on chapter 7 trustee after conversion.
Procedural posture

Plaintiff bankruptcy trustee filed an avoidance action against defendant secured creditor to recover transfers for the benefit of the bankruptcy estate. A bankruptcy court denied the creditor's motion for summary judgment, and the creditor appealed. The District Court for the District of Colorado reversed the bankruptcy court's judgment, and the trustee appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 13, 2007 , LexisNexis #0307-028
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