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GE Capital Corp. v. Emergystat Inc.

Sep
30
2009
Ruling
Creditor's security interests in accounts that predated IRS lien had priority over the tax lien.
Procedural posture

Plaintiff creditor sued defendant debtors, seeking repayment of a loan and foreclosure of its liens and security interests securing that obligation. Although the debtors provided no opposition to the motion, the United States government intervened to assert the priority of a federal tax lien over the creditor's security interest in collateral securing repayment. The creditor moved for summary judgment and for entry of judgment on priority.

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Commercial opinion summary, case decided on September 30, 2009 , LexisNexis #1209-115
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Greene v. Burke (In re Burke)

Sep
29
2008
Ruling
Bankruptcy court properly reviewed validity of state court judgment that recognized judgment against debtor by Mexican court.
Procedural posture

Appellee debtor filed an adversary proceeding against appellant creditor, seeking a judgment that a claim the creditor filed against the debtor's bankruptcy estate was invalid. On remand from a decision by the district court, the Bankruptcy Court for the District of Colorado sustained the debtor's objections to the creditor's claim. The creditor appealed.

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Consumer opinion summary, case decided on September 29, 2008 , LexisNexis #1008-104
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Butler v. United States Bankruptcy Court

Mar
26
2007
Ruling
Dismissal due to debtors'failure to pay filing fee upheld.
Procedural posture

Plaintiff debtors appealed a decision of the bankruptcy court, which dismissed the debtors'chapter 7 bankruptcy petition for failure to timely pay their filing fee under 11 U.S.C. § 707(a)(2) and denied their motion to reinstate the case.

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opinion summary, case decided on March 26, 2007 , LexisNexis #0507-009
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