In re Prive Vegas LLC
Jan
14
2010
Ruling
Stay lifted to allow adjudication of claims in multiparty state court litigation.
Procedural posture
This cause came before the court for hearing upon movant subcontractor's Motion for Relief from the Automatic Stay in Order to Liquidate Disputed Claims in Multi Party State Court Litigation. Debtors opposed the Motion.
ABI Membership is required to access the full summary of In re Prive Vegas 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 Fountainebleau Las Vegas Holdings LLC
Dec
30
2009
Ruling
Payments on attorneys' invoices from prepetition retainers established by debtors pursuant to cash collateral orders ordered applied to reduce the outstanding principal indebtedness held by term lenders if found to be undersecured.
Procedural posture
Before the court was the objection of the Official Committee of Unsecured Creditors to the September 28, 2009 invoices of a law firm, a limited objection of a bank to the firm's invoices, and the joinder of a second bank to the limited objection, as well as the reply of the Term Lender Steering Group to the Committee's objection. The court's opinion addressed only issues raised in the bank's limited objection and the second bank's joinder.
ABI Membership is required to access the full summary of In re Fountainebleau Las Vegas Holdings 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 Cabrera
Dec
08
2009
Ruling
Credit union allowed to retain funds as set-off against prepetition debt.
Procedural posture
This cause came before the court upon the Motion for Order Allowing Set- Off Against Pledged Funds on Deposit filed on behalf of a secured creditor (credit union, or CU) and debtor's Motion for Credit Union to Release Funds.
ABI Membership is required to access the full summary of In re Cabrera Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hayim v. Goetz (In re SOL LLC)
Oct
26
2009
Ruling
Estate's claim for possible real estate commission from escrowed funds held by third party remanded as an issue more properly litigated in state court.
Procedural posture
Plaintiff, the plaintiff in a state court action seeking the return of escrowed funds for violation of disclosure duties under Fla. Stat. § 475.278, moved to strike the trustee's notice of removal, or for abstention, pursuant to 28 U.S.C.S. § 1334(c)(1) and (2), or remand. The trustee sought to remove the plaintiff's action to the bankruptcy court, asserting the debtor had a possible claim to a commission from the funds.
ABI Membership is required to access the full summary of Hayim v. Goetz (In re SOL 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 Rosenberg
Aug
21
2009
Ruling
Involuntary petition dismissed where petitioning creditors were not real parties in interest on debtor's guaranty.
Procedural posture
Petitioning creditors filed a petition in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania, seeking an order compelling an alleged debtor to discharge his debts under chapter 7 of the Bankruptcy Code. The alleged debtor filed a motion to dismiss the petition and a motion to transfer venue, and the court granted the motion to transfer venue and transferred all aspects of the case, including the alleged debtor's motion to dismiss.
ABI Membership is required to access the full summary of In re Rosenberg Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Wynwood Cmty. Econ. Dev. Corp.
Apr
23
2009
Ruling
Tax certificate holders lacked standing to seek dismissal of chapter 11 case.
Procedural posture
Movant tax lien certificate and special assessment lien holders sought to dismiss the chapter 11 debtor's bankruptcy proceedings.
ABI Membership is required to access the full summary of In re Wynwood Cmty. Econ. Dev. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Ocean Blue Leasehold Prop. LLC
Apr
23
2009
Ruling
Inter-creditor agreement did not bar administrative expense claim.
Procedural posture
The cause was before the court for hearing upon the motion of applicant creditor (hereafter applicant) for allowance and payment of administrative expense claim pursuant to 11 U.S.C.S. § 503(b) and the objection thereto filed by a second creditor (hereafter objector). The applicant sought legal fees of $ 78,694 and expenses of $ 1,568, a total of $ 80,263, for its efforts.
ABI Membership is required to access the full summary of In re Ocean Blue Leasehold Prop. 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 Tradewinds Airlines Inc.
Feb
10
2009
Ruling
Automatic stay applied to shareholders' attempts to enforce default judgment against debtor.
Procedural posture
Chapter 7 trustee moved to enforce the automatic stay against former stockholders, alleging that a state court default judgment and a pending action in another state court were property of the bankruptcy estate pursuant to 11 U.S.C.S. § 541(a)(1) and seeking to enjoin the former stockholders' attempt to include themselves in the state court actions.
ABI Membership is required to access the full summary of In re Tradewinds Airlines Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Florida Dev. Assocs. v. Knezevich & Assocs. (In re Fla. Dev. Assocs.)
Feb
04
2009
Ruling
Bankruptcy court exercised discretion to abstain from hearing construction contract dispute.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against architects, engineers, and other construction professionals, alleging that they negligently designed and constructed balconies on buildings the debtor erected. The defendants filed motions to dismiss the debtor's action and, alternatively, asked the court to abstain from exercising jurisdiction under 28 U.S.C.S. § 1334.
ABI Membership is required to access the full summary of Florida Dev. Assocs. v. Knezevich & Assocs. (In re Fla. Dev. Assocs.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Sarahs Tent LLC
Nov
07
2008
Ruling
Sale of debtor's assets free and clear approved.
Procedural posture
The court entered an order authorizing the sale of substantially all of the debtor's assets free and clear of liens, claims, and encumbrances, the assumption and assignment of the debtor's principal leasehold, and related relief.
ABI Membership is required to access the full summary of In re Sarahs Tent LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: