Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Judge Birch

Midwest Holding 7 LLC v. Anderson (In re Tanner Family LLC)

Plaintiff appealed an order of the United States District Court for the Northern District of Georgia affirming a bankruptcy court's denial of its motion for summary judgment and grant of summary judgment in favor of defendant trustee.
Ruling: 
Bankruptcy court properly held that lease termination prepayment was for or on account of antecedent debt and avoidable.
ABI Membership is required to access the full summary of Midwest Holding 7 LLC v. Anderson (In re Tanner Family LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 03,2009, LexisNexis #0309-064

Florida Dept of Rev. v. Omine (In re Omine)

Appellant, the Florida Department of Revenue ("DOR"), sought review of an order of the District Court for the Middle District of Florida, which affirmed a bankruptcy court order discharging the DOR's claim seeking to recover public assistance money paid by the State of Hawaii to appellee debtors and awarding damages for the DOR's violation of the automatic stay under 11 U.S.C. § 362.
Ruling: 
Sovereign immunity was not a defense to state revenue department's violation of stay.
ABI Membership is required to access the full summary of Florida Dept of Rev. v. Omine (In re Omine). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Subscribe to Judge Birch