Fields Station LLC v. Capitol Food Corp. (In re Capitol Food Corp.)

Jun

2007

Ruling

Potential loss of lease that would have eliminated chances for reorganization provided grounds for bona fide chapter 11 petition.

Procedural posture

Appellant, the corporate owner of commercial premises upon which appellee debtor sought to reorganize under chapter 11 and reopen as a food market, challenged, on appeal of the District Court for the District of Massachusetts'intermediate affirmance, the judgment of the bankruptcy court which denied the owner's motion to dismiss the chapter 11 petition on the ground that it was not filed in good faith.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on June 06, 2007 , LexisNexis #0707-009

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11 U.S.C.
- § 546
- § 546(b)

Ostrander v. Gardner (In re Milivision Inc.)

Jan

2007

Ruling

Creditor's postpetition recording of financing statement did not relate back to date of loan.

Procedural posture

Appellant lenders made a loan to debtor. The next day, debtor's creditors filed an involuntary chapter 11 petition. Unaware of the bankruptcy petition, appellants did not record a financing statement relating to their loan until five days after the loan was made. The bankruptcy court permitted the trustee to invoke 11 U.S.C. § 547, the "strong-arm" provision, to avoid appellants'interest in debtor's assets. They appealed.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on January 16, 2007 , LexisNexis #0207-095

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11 U.S.C.
- § 524
- § 524(c)

Pratt v. GM Acceptance Corp. (In re Pratt)

Sep

2006

Ruling

Creditor's refusal to release valueless auto lien unless outstanding balance was paid was coercive and violated discharge injunction

Procedural posture

Chapter 7 debtors, husband and wife, appealed a decision from the District Court for the District of Maine affirming a bankruptcy court ruling that creditor, a car financing corporation, did not violate the discharge injunction by declining to discharge its lien on debtors'automobile until they paid the remaining balance due on their prepetition car loan.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on September 01, 2006 , LexisNexis #1006-021

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