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In re Blue Hill Sports Grille

Mar
24
2006
Ruling
Court granted a landlord relief from an automatic stay to permit reletting of the premises formerly rented by the debtor but did not grant relief as to the debtor's personalty.
Procedural posture

Movant, the debtor's former landlord, sought a dismissal of the bankruptcy proceeding initiated by the debtor. Alternatively, the landlord sought relief from the stay so that it could relet the debtor's former premises, sell the debtor's personalty at public auction, and transfer the debtor's liquor license.

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opinion summary, case decided on March 24, 2006 , LexisNexis #0406-075
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In re OBrien

Mar
23
2006
Ruling
Court refrained from ruling on the requested relief from an automatic stay pending further hearing on whether the fee awards qualifed as domestic support obligations.
Procedural posture

Movants, the debtor's former wife and the debtor's former counsel, filed separate motions for relief from the stay imposed after the debtor filed for bankruptcy relief. The movants sought relief from the stay, pursuant to 11 U.S.C. § 362(b)(2)(B), to enforce fee awards that had been issued as part of post-divorce litigation in the state family court.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0406-071
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In re Rudnick

Jan
30
2006
Ruling
Court denied a stay of an order allowing for the hiring of a real estate broker to sell property co-owned by the debtor and the debtor's former wife since requiring the wife to pay a commission to purchase the debtor's interest in the property did not materially harm the wife.
Procedural posture

The debtor's former wife moved for a stay pending appeal of the court's order allowing the employment a real estate broker to sell certain real property which she and the debtor co-owned. The former wife made an initial offer to purchase the property. The broker then found a third- party who submitted a higher offer. The former wife wanted to match the offer, but did not want to pay the broker's commission if her offer were accepted.

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opinion summary, case decided on January 30, 2006 , LexisNexis #0306-081
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Grosser v. Lang (In re Northeastco Door & Millwork Co.)

Dec
21
2005
Ruling
Court abstained from hearing the breach of contact action and remanded it back to the state court since the bankruptcy court could not conduct a jury trial without consent of both parties, which the court did not have.
Procedural posture

Plaintiff seller of total interest in defendant corporate bankruptcy debtor brought an action in state court against the debtor and defendant principal of the debtor, alleging breach of the contract of sale. The bankruptcy trustee removed the action to the bankruptcy court after the debtor filed its bankruptcy petition, and the seller moved for abstention and to remand the action to state court.

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opinion summary, case decided on December 21, 2005 , LexisNexis #0306-102
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Fanaras v. Carpenter (In re Fanaras)

Jun
03
2005
Ruling
Debtor was granted partial summary judgment since the one-year statute of limitations for requesting revocation of discharge is not subject to equitable tolling.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor pursuant to 11 U.S.C. § 727(d), seeking to revoke the discharge entered in favor of the debtor. The trustee moved for summary judgment as to all counts in the complaint. The debtor cross moved for summary judgment, seeking to dismiss all counts on the basis that they were time barred.

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opinion summary, case decided on June 03, 2005 , LexisNexis #0106-066
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