In re FirstLine Corp.
Aug
27
2007
Ruling
Financial records of debtor and creditor sufficient to establish proof of claim.
Procedural posture
The chapter 11 Liquidating Agent filed objection to the claim of creditor.
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Court
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In re Berger
Jun
11
2007
Ruling
Projected disposable income is properly determined by disposable income calculation on Form B22C.
Procedural posture
Creditor, the holder of claims exceeding $21,000 in unsecured debt, filed an objection to the confirmation of debtors' chapter 13 plan, asserting that the plan failed to propose payment of all debtors' disposable income to unsecured creditors. Debtors argued that their plan complied with the preferred interpretation of projected disposable income as calculated under 11 U.S.C. § 1325(b).
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Court
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Adelphia Bus. Solution Inc. v. Abnos
Apr
13
2007
Ruling
Rejection of unexpired commercial lease properly made retroactive to date of hearing.
Procedural posture
Appellant landlord sought review of a judgment of the District Court for the Southern District of New York affirming the bankruptcy court's approval of appellee debtor's motion to reject an unexpired commercial lease pursuant to 11 U.S.C. § 365(a). The landlord argued that the bankruptcy court abused its discretion by making its approval of the debtor's rejection of the lease retroactive to the date of the hearing on the motion.
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- 11 U.S.C.
General Produce Inc. v. Tucker (In re Tucker)
Apr
10
2007
Ruling
Debtor's failure to protect trust under Perishable Commodities Act resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor, a produce supplier, sought summary judgment on its complaint for nondischargeability, under 11 U.S.C. § 523(a)(4), of a debt allegedly owed by defendant, a chapter 7 debtor. At issue was whether nondischargeability might properly be imposed upon debtor in connection with her conduct relative to a trust arising under the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §§ 499a et seq.
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Court
:
- 11 U.S.C.
Northwest Airlines Corp. v. Association of Flight Attendants-CWA (In re Northwest Airlines Corp.)
Mar
29
2007
Ruling
Debtor airline's rejection of collective bargaining agreement abrogated the agreement so that status quo provision of Railway Labor Act of 1926 did not apply.
Procedural posture
After a bankruptcy court granted plaintiff carrier's motion to reject a collective bargaining agreement ("CBA") and permitted the carrier to impose new terms of employment, defendant union notified the carrier of its intent to strike. Before the court was the union's appeal of the District Court for the Southern District of New York's issuance of a preliminary injunction enjoining the union from engaging in any form of work stoppage.
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Flatau v. Walman Optical Co. (In re Werner)
Mar
22
2007
Ruling
Credit card payments to creditor during 90 days prior to petition date while debtor was insolvent were preferential.
Procedural posture
Plaintiff trustee filed a Fed. R. Civ. P. 56 and Fed. R. Bankr. P. 7056 motion for summary judgment on a complaint, pursuant to 11 U.S.C. § 547(b), to recover a preferential transfer made by the debtors to defendant creditor.
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Court
:
- 11 U.S.C.
In re Parten
Mar
13
2007
Ruling
Expedited relief from stay granted to foreclosing creditor where family farmer filed second case less than 180 days after voluntary dismissal of first case.
Procedural posture
Debtor had filed a previous case under chapter 12. During the chapter 12 case, creditors received relief from the automatic stay with respect to certain real property. Stay relief was granted and the creditors began foreclosure. The debtor then voluntarily dismissed the chapter 12 case and filed the instant chapter 13 case before the creditors could complete the foreclosure. The creditors moved for relief from stay on an expedited basis.
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Court
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In re Firstline Corp.
Jan
25
2007
Ruling
Chapter 11 plan could include reasonable exculpation and indemnity provisions.
Procedural posture
A claimant, the sole holder of equity in a debtor, objected to confirmation of a plan of reorganization proposed by the Official Committee of Unsecured Creditors in a case under chapter 11. At issue was whether clauses exculpating and indemnifying certain persons were improper or otherwise contrary to 11 U.S.C. § 328(a) and whether their presence therein prevented confirmation of the plan.
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Court
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In re Knighton
Dec
19
2006
Ruling
Debtor eligible for chapter 13 discharge where prior case was filed more than four years earlier although prior discharge after conversion to chapter 7 was less than four years earlier.
Procedural posture
A creditor objected to the confirmation of a debtor's chapter 13 plan on the ground that the debtor proposed it in bad faith based on the date of discharge in her previous chapter 7 case pursuant to 11 U.S.C. § 1328(f).
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Court
:
- 11 U.S.C.
Luke v. Clegg (In re Clegg)
Oct
02
2006
Ruling
Objection to discharge by debtor's mother who purchased note with proceeds of sale of her own residence, which was the collateral, overruled.
Procedural posture
Plaintiff, the debtor-wife's mother, purchased the note of defendant debtors from a bank. She then filed a complaint objecting to discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3), (a)(4) and (a)(5).
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Court
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