Judge Bennett

First Sec. Bank & Trust Co. v. Vander Vegt

Ruling: 
Family dairy farmer debtor could pursue alternative financing.
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Consumer case opionion summary, case decided on May 27,2014, LexisNexis #0614-083

Bank of N.Y. Mellon v. Jefferson County (In re Jefferson County)

Ruling: 
Professional services fees that qualified as operating expenses could be satisfied from debtor county's sewer revenues.
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Commercial case opionion summary, case decided on June 27,2013, LexisNexis #0813-097

In re Jefferson County

An insurer of warrants for sewer system improvements issued by a bankruptcy debtor which was a county brought an action in state court against the debtor and underwriters of the warrants based on fraud, and a reinsurer of the warrants brought a virtually identical action against the underwriters which asserted cross-claims against the debtor. The reinsurer moved for a determination that the automatic bankruptcy stay did not apply to its action.
Ruling: 
Stay applied to reinsurer's action against underwriters with cross claims against debtor county.
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Commercial case opionion summary, case decided on April 15,2013, LexisNexis #0513-006

In re Jefferson County

Movants, various municipal entities reliant upon debtor county's hospital, requested a determination that the automatic stays of 11 U.S.C.S. §§ 362(a) and 922(a) did not apply to certain actions sought to be taken by the municipal parties. The dispute revolved around the provision of inpatient and emergency room medical care for indigent residents under the Alabama Health Care Responsibility Act (AHCRA), Ala. Code § 22-21-290 et seq.
Ruling: 
Relief from stay for municipalities reliant on debtor county's hospital denied.
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Commercial case opionion summary, case decided on December 19,2012, LexisNexis #0113-024

In re Cunningham

Creditor filed an adversary proceeding to determine whether a state court judgment against defendant, a chapter 13 debtor, was non-dischargeable under 11 U.S.C.S. § 523(a).
Ruling: 
State court larceny judgment was nondischargeable.
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Consumer case opionion summary, case decided on November 14,2012, LexisNexis #1212-017

Bank of N.Y. Mellon v. Jefferson County (In re Jefferson County)

Plaintiff banks and insurance companies filed an adversary proceeding against defendant Jefferson County, Alabama, seeking a judgment declaring that the County was not allowed to withhold payments of money it claimed it needed to operate a sewer system. The case was tried to the court.
Ruling: 
County ordered to remit revenue from sewer system to receiver except for amount necessary for actual operations.
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Commercial case opionion summary, case decided on June 29,2012, LexisNexis #0912-133

Bank of N.Y. Mellon v. Jefferson County (In re Jefferson County)

An indenture trustee and other banks filed a complaint against a county that sought bankruptcy relief under chapter 9, based on a dispute over what expenditures for the county's sewer system were payable ahead of payments to those lenders who/which secured payment of interest and principal owed on the county's sewer system's warrants by obtaining a consensual lien against some revenues of the sewer system.
Ruling: 
Subordination of consensual lien on specific revenues was inapplicable to pledge and distributive scheme under indenture agreement for sewer system operating expenses.
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Commercial case opionion summary, case decided on June 29,2012, LexisNexis #0213-019

In re Jefferson County

The indenture trustee for holders of warrants moved for the court to abstain from taking any action to interfere with a pending state court receivership case for chapter 9 debtor county's sewer system, and to determine that the automatic stays of 11 U.S.C.S. §§ 362(a), 922(a) did not apply to the receivership case or the receiver, who was entitled to continue as receiver of the sewer system properties.
Ruling: 
Relief from stay to allow receivership case against chapter 9 debtor county's sewer system to proceed denied.
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Commercial case opionion summary, case decided on January 19,2012, LexisNexis #0212-029

In re Miell

Appellant chapter 11 debtor filed a motion in the United States Bankruptcy Court for the Northern District of Iowa to approve employment of attorneys. The bankruptcy court denied the motion. The debtor appealed.
Ruling: 
Dismissal of debtor's motion to employ attorneys that represented him in criminal proceedings and for payment of fees from the estate affirmed.
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Consumer case opionion summary, case decided on August 20,2009, LexisNexis #0909-113

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