- 11 U.S.C.
Team Sys. Int'l LLC, In re
Jul
15
2022
Ruling
Judgment creditors' failure to elect a qualified trustee meant that the interim trusteeremained in place. (Bankr. D. Del.)
Issue(s)
Election of Trustee.
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- 11 U.S.C.
ETS of Wash., LLC, In re
Sep
23
2021
Ruling
Motion to resolve disputed trustee election and find it proper denied where moving creditorswere ineligible to vote for a Chapter 7 trustee rendering election invalid. (Bankr. D.D.C.)
Issue(s)
Election of Trustee.
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Judge or Jurisdiction information not available
Pinnacle Reg'l Hosp., In re
Dec
01
2020
Ruling
Bank was not disqualified from voting in election of Chapter 7 trustee as its claims were notdisputed and did not have an interest materially adverse to the other unsecured creditors.(Bankr. D. Kan.)
Issue(s)
Election of Trustee; Who May Vote.
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- 11 U.S.C.
Concepts Am., Inc., In re
Oct
22
2020
Ruling
Creditor waived secured status as it filed the involuntary petition without disclosing itssecurity and filed a proxy to vote in the trustee election reserved for unsecured creditors.(Bankr. N.D. Ill.)
Issue(s)
Election of Trustee; Who May Vote; Creditor With Claim Entitled to Distribution.
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- 11 U.S.C.
In re North Star Dev. & Constr. LLC
Jul
05
2016
Ruling
Election did not elect a permanent chapter 7 trustee where neither voting creditor was eligible to vote.
Issue(s)
Should disputed election of chapter 7 trustee be approved?
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In re Barkany
Dec
29
2015
Ruling
Creditors group's fraudulent transfer claims did not create interest adverse to other creditors and the group was eligible to vote for the chapter 7 trustee.
Issue(s)
Whether creditor held an interest materially adverse to other creditors of the bankruptcy estate and was therefore ineligible to request for and vote at the election of the permanent chapter 7 trustee?
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- 11 U.S.C.
In re Barkany
Dec
29
2015
Ruling
Attorney whose firm represented the president of a company to which debtor loaned money was a disinterested party and could serve as chapter 7 trustee.
Issue(s)
Whether a permanent trustee elected under 11 U.S.C.S. § 702 had to be a disinterested person and, if so, whether the election candidate for permanent trustee in the instant case was disinterested and was free of any disabling conflict of interest.
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:
- 11 U.S.C.
A & E 128 North Corp. v. DeGiacomo
Apr
02
2015
Ruling
Bankruptcy court did not err in holding creditors ineligible to vote for chapter 7 trustee.
Issue(s)
Did bankruptcy court err in ruling that two creditors were not eligible to vote for the election of the chapter 7 trustee?
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Judge or Jurisdiction information not available
Fogel v. Shabat (In re Draiman)
Apr
08
2013
Ruling
Appointment of interim trustee by default did not extend statute of limitations for avoidance proceedings.
Procedural posture
In a consolidated case, appellants, defendants in adversary actions, sought judicial review of the ruling by the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, that the appointment of an interim trustee extended the statute of limitations for avoidance actions in bankruptcy.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Jenkins
Jul
02
2012
Ruling
Debtor's failure of means test did not require dismissal.
Procedural posture
This matter came on for hearing on a creditor's Motion to Dismiss Debtor's Chapter 7 Bankruptcy Petition. The trustee in the case filed an objection to the Motion. Another creditor also filed an objection to the Motion. The U.S. Bankruptcy Administrator also filed an objection to the Motion. The moving creditor filed a reply to the Trustee's objection.
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