Judge Craig

In re Bradshaw

Before a debtor filed a bankruptcy petition, investors who entrusted funds to the debtor for investment obtained a state-court attachment of property of the debtor and related entities and a partial summary judgment that the debtor was liable to the investors for violation of securities laws. The investors moved for relief from the automatic bankruptcy stay, pursuant to 11 U.S.C. § 362(d)(1), to allow the state action to proceed.
Ruling: 
Creditor was not entitled to relief from stay to pursue state court attachments.
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In re Gindberg

A debtor was directed to show cause why her case should not have been dismissed for failure to comply with the credit counseling requirement imposed by 11 U.S.C. § 109(h)(1) of the Bankruptcy Code.
Ruling: 
Error of debtor's attorney in failing to be aware of credit counseling requirement resulted in dismissal.
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In re Brooklyn Hosp. Ctr.

Chapter 11 debtor, a hospital and its affiliates, moved for an order, pursuant to 11 U.S.C. §§ 105(a) and 363(b), approving and authorizing the implementation of a key employee retention plan ("KERP") for the purpose of retaining key employees of the debtor. Two parties, the state nurses'association and the trustee, objected to the approval of the KERP.
Ruling: 
Motion to authorize implementation of a key employee retention plan ("KERP") was granted since the consideration received in exchange for the KERP payments served an important corporate interest.
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