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In re Fairfield Sentry Ltd.

Jan
08
2014
Ruling
Bankruptcy court abstained from action requiring resolution of conflict between bankruptcy law and Securities Investor Protection Act.
Issue(s)
Should reference of matter involving conflict between the Bankruptcy Court and the Securities Investor Protection Act be withdrawn?

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Commercial opinion summary, case decided on January 08, 2014 , LexisNexis #0714-029
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1500 Mineral Springs Assocs. LP v. Gencarelli

Nov
08
2006
Ruling
Case remanded for review of debtor's level of financial distress and reconsideration of cap on creditors'claims.
Procedural posture

Appellant creditors sought review of three orders issued by a U.S. Bankruptcy Court, which: (1) denied their motion to dismiss appellee debtor's individual chapter 11 petition for lack of good faith; (2) limited the creditors'claims against a corporate debtor for past and future rent to the amount provided by 11 U.S.C. § 502(b)(6); and (3) authorized an interim distribution to the individual debtor. The issues were consolidated for review.

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opinion summary, case decided on November 08, 2006 , LexisNexis #1206-048
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UPS Capital Bus. Credit v. Gencarelli

Nov
03
2006
Ruling
Claimed prepayment penalties on commercial loans properly denied as unreasonable.
Procedural posture

Appellant creditor appealed from an order of the bankruptcy court denying its claim for prepayment penalties on two commercial loans that appellant made to appellee debtor. The question presented was whether the bankruptcy court correctly determined that the prepayment penalties were not reasonable fees, costs, or charges within the meaning of 11 U.S.C. § 506(b).

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opinion summary, case decided on November 03, 2006 , LexisNexis #0207-058
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