First Sec. Bank & Trust Co. v. Vander Vegt
May
27
2014
Ruling
Family dairy farmer debtor could pursue alternative financing.
Issue(s)
Had family dairy farmer debtors established that they were entitled to pursue alternative financing by showing that they have been unable to obtain credit by any other means and that creditor bank's position was adequately protected?
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Court
:
- 11 U.S.C.
Rose v. Logan
Mar
25
2014
Ruling
Shareholder of debtor lacked standing to appeal order for sale of estate property.
Issue(s)
Did trustee's failure to obtain an appraisal of property and alleged misrepresentation of a realtor's opinion of value as an appraisal warrant reversal of the bankruptcy court's orders pertaining to trustee's sale of debtor's real property?
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Court
:
Bank of N.Y. Mellon v. Jefferson County (In re Jefferson County)
Jun
27
2013
Ruling
Professional services fees that qualified as operating expenses could be satisfied from debtor county's sewer revenues.
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Court
:
- 11 U.S.C.
In re Jefferson County
Apr
15
2013
Ruling
Stay applied to reinsurer's action against underwriters with cross claims against debtor county.
Procedural posture
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.
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Court
:
In re Jefferson County
Dec
19
2012
Ruling
Relief from stay for municipalities reliant on debtor county's hospital denied.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Cunningham
Nov
14
2012
Ruling
State court larceny judgment was nondischargeable.
Procedural posture
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).
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Court
:
Bank of N.Y. Mellon v. Jefferson County (In re Jefferson County)
Jun
29
2012
Ruling
County ordered to remit revenue from sewer system to receiver except for amount necessary for actual operations.
Procedural posture
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.
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Court
:
Bank of N.Y. Mellon v. Jefferson County (In re Jefferson County)
Jun
29
2012
Ruling
Subordination of consensual lien on specific revenues was inapplicable to pledge and distributive scheme under indenture agreement for sewer system operating expenses.
Procedural posture
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.
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Court
:
In re Jefferson County
Jan
19
2012
Ruling
Relief from stay to allow receivership case against chapter 9 debtor county's sewer system to proceed denied.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Miell
Aug
20
2009
Ruling
Dismissal of debtor's motion to employ attorneys that represented him in criminal proceedings and for payment of fees from the estate affirmed.
Procedural posture
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.
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Court
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