Skip to main content

Page Banner(Taxonomy)

judge pooler

Crest One SpA v. TPG Troy LLC (In re TPG Troy LLC)

Ruling
Attorneys' fees properly awarded in involuntary case that was dismissed due to existence of a bona fide dispute.
Issue(s)
Did the bankruptcy court properly award debtor's attorneys' fees upon dismissal of an involuntary case because petitioning creditors' claims were subject to bona fide dispute?

ABI Membership is required to access the full summary of Crest One SpA v. TPG Troy LLC (In re TPG Troy LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 14, 2015 , LexisNexis #0815-001

Kittay v. Korff (In re Palermo)

Ruling
District court did not err in declining to dismiss fraudulent transfer proceeding brought against transferee after being severed from proceeding against debtor and after limitations period.
Issue(s)
Should fraudulent transfer proceeding against transferee brought outside of limitations period after severance from proceeding against debtor have been dismissed .

ABI Membership is required to access the full summary of Kittay v. Korff (In re Palermo) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 07, 2014 , LexisNexis #0114-130

Savage & Assocs. PC v. K&L Gates LLP (In re Teligent Inc.)

Ruling
Law firm that was not a creditor lacked standing to contest settlement agreement between debtor and former CEO.
Procedural posture

The U.S. District Court for the Southern District of New York affirmed bankruptcy court orders denying appellee law firm's motion to lift protective orders prohibiting disclosure of mediation communications between appellant creditors' representative (CR) and the debtor's former officer, and denying the CR's motion to enjoin the firm from defending a malpractice action by the officer by questioning the validity of a settlement agreement.

ABI Membership is required to access the full summary of Savage & Assocs. PC v. K&L Gates LLP (In re Teligent Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 05, 2011 , LexisNexis #0611-035

Universal Church v. Geltzer

Ruling
Bankruptcy court erred in failing to determine if debtor was insolvent at time of charitable contributions trustee sought to avoid.
Procedural posture

Appellant church, a nonprofit corporation, sought review of a judgment from the District Court for the Eastern District of New York, which held that the Religious Liberty and Charitable Donation Protection Act did not prevent appellee bankruptcy trustee from avoiding a chapter 7 debtor's donations to the church under 11 U.S.C. § 548(a)(2). The church also appealed the denial of its motion to reconsider.

ABI Membership is required to access the full summary of Universal Church v. Geltzer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 26, 2006 , LexisNexis #1006-024