In re Bayou Shores SNF LLC
Dec
31
2014
Ruling
Bankruptcy court had jurisdiction over debtor's assumption of Medicare provider agreement.
Issue(s)
Should confirmation be denied on grounds that the debtor skilled nursing facility operator's plan is not feasible because the debtor's Medicare provider agreement was allegedly terminated prepetition, and as a consequence, its Medicaid provider agreement as well?
ABI Membership is required to access the full summary of In re Bayou Shores SNF LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Duval at Gulf Harbors LLC
Sep
18
2014
Ruling
Criminal forfeiture proceedings were exempt from the automatic stay.
Issue(s)
Was criminal forfeiture subject to the automatic stay?
ABI Membership is required to access the full summary of In re Duval at Gulf Harbors LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Fundamental Long Term Care Inc.
Aug
15
2014
Ruling
Inequitable bar order in settlement of negligence claim could not be approved.
Issue(s)
Could settlement of negligence claim against debtor's wholly-owned subsidiary include a bar order prohibiting claims against the defendant's receiver for withdrawing defense?
ABI Membership is required to access the full summary of In re Fundamental Long Term Care Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Fundamental Long Term Care Holdings LLC v. Fundamental Long Term Care Inc. (In re Fundamental Long Term Care Inc.)
Mar
25
2014
Ruling
Stay pending appeal of denial of protective order from trustee's discovery requests denied.
Issue(s)
Should court stay its ruling that debtors are required to prepare a privilege log while they are appealing the court's denial of their motion for protective order?
ABI Membership is required to access the full summary of Fundamental Long Term Care Holdings LLC v. Fundamental Long Term Care Inc. (In re Fundamental Long Term Care Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Burgess
Jan
07
2014
Ruling
Stay did not bar enforcement of contempt order that was criminal in nature.
Issue(s)
Did automatic stay bar state court from continuing its contempt order incarcerating the Debtor due to fraud.
ABI Membership is required to access the full summary of In re Burgess Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re J.C. Householder Land Trust 1
Dec
30
2013
Ruling
Creditor could not purchase previously voted claim in attempt to block confirmation.
Issue(s)
Could creditor purchase an unsecured claim that had previously been voted in favor of the plan in an attempt to change that vote to one against the plan in order to block confirmation.
ABI Membership is required to access the full summary of In re J.C. Householder Land Trust 1 Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Galiardo v. Galiardo (In re Galiardo)
Nov
27
2013
Ruling
Claim for overpayment of spousal support was not a nondischargeable domestic support obligation.
Issue(s)
Should debt based on a judgment arising from overpayment of spousal support be declared nondischargeable as a domestic support obligation?
ABI Membership is required to access the full summary of Galiardo v. Galiardo (In re Galiardo) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hyman v. Bast Amron LLP (In re Cargo Transp. Servs.)
Nov
26
2013
Ruling
Law firm acting as conduit for settlement proceeds was not an initial transferee.
Issue(s)
Whether a law firm was an initial transferee under 11 U.S.C.S. § 550(a)(1) where a chapter 11 debtor made six 11 U.S.C.S. § 547 preferential transfers to the firm as part of a settlement agreement in a preference action in another chapter 11 case and where the firm deposited the funds into its trust account.
ABI Membership is required to access the full summary of Hyman v. Bast Amron LLP (In re Cargo Transp. Servs.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
GTCR Golden Rauner LLC v. Scharrer (In re Fundamental Long Term Care Inc.)
Nov
19
2013
Ruling
Probate estates enjoined from pursuing actions involving property that was arguably property of the estate.
Issue(s)
Should probate estates be enjoined from pursuing actions against property that was arguably property of the estate.
ABI Membership is required to access the full summary of GTCR Golden Rauner LLC v. Scharrer (In re Fundamental Long Term Care Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Grace Community Church of Brandon Inc. v. Ambros (In re Ambros)
Nov
01
2013
Ruling
Discharge denied due to failure to disclose existence of storage unit or substantial collection of sports memorabilia.
Issue(s)
Were debtor's failures to disclose existence of storage unit or large collection of sports memorabilia grounds for denial of discharge.
ABI Membership is required to access the full summary of Grace Community Church of Brandon Inc. v. Ambros (In re Ambros) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: