In re Stein
Sep
17
2008
Ruling
Case reopened to determine debtor's rights in property which debtor recently learned was co- owned with deceased former spouse.
Procedural posture
After a bankruptcy debtor's case had been closed for eight years, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) to allow amendment of his schedules to list an interest in real property which the debtor co-owned with his deceased former spouse. The administrator of the spouse's estate opposed the motion.
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Court
:
- 11 U.S.C.
In re Monahan Ford Corp.
Jul
02
2008
Ruling
Law firm's failure to timely assume leases of seek extension was negligent as a matter of law.
Procedural posture
The trustee for a chapter 7 debtor asserted claims against a law firm for legal malpractice in their representation of the then-chapter 11 debtor-in-possession. The trustee filed a motion for partial summary judgment as to all issues except damages and the firm filed a cross motion for summary judgment.
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Court
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In re Raggie
Jul
01
2008
Ruling
Debtor could amend schedules in dismissed case to list personal injury cause of action.
Procedural posture
The debtor, whose case had been previously dismissed pursuant to 11 U.S.C.S. § 109(h)(1), moved to vacate the order of dismissal and to amend Schedule B and the Statement of Financial Affairs to list a negligence cause of action against third parties, pursuant to 11 U.S.C.S. § 350(b) and Fed. R. Bankr. P. 1009(a).
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Court
:
- 11 U.S.C.
In re M. Fine Lumber Co.
Mar
12
2008
Ruling
Assumption of lease allowed provided debtor cured prepetition defaults and paid security within ten days.
Procedural posture
Chapter 11 debtor filed a motion to assume its commercial lease with a landlord pursuant to 11 U.S.C.S. § 365. The landlord objected to the debtor's assumption of the lease.
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Court
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In re Shankman
Feb
27
2008
Ruling
Debtor who filed chapter 13 case while original chapter 7 case was pending allowed to convert chapter 7 case to chapter 13 after dismissal of chapter 13 case.
Procedural posture
The debtor, who already had a chapter 7 case pending, filed a chapter 13 petition. The chapter 7 trustee and the primary secured creditor moved for the dismissal of the newly filed chapter 13 case. The debtor requested that the motions to dismiss be denied, and alternatively moved to convert his pending chapter 7 case to one under chapter 13 pursuant to 11 U.S.C.S. § 706(a).
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Court
:
- 11 U.S.C.
Cole v. Household Fin. (In re Cole)
Feb
07
2008
Ruling
Debtor could not reopen case that had been dismissed more than one year earlier absent extraordinary circumstances.
Procedural posture
Plaintiff debtor filed a motion, pursuant to 11 U.S.C.S. § 350, to reopen a chapter 13 bankruptcy case she filed in 2000, and she filed an adversary proceeding against defendants, a finance company and others, claiming that they violated the automatic stay when they filed a foreclosure action on a house her husband owned one hour after she declared bankruptcy.
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Court
:
Official Committee of Unsecured Creditors of Norstan Apparel Shops Inc. v. Lattman (In re Norstan Apparel Shops Inc.)
Mar
30
2007
Ruling
S-Corp distributions to shareholders did not qualify under safe harbor provision as they did not involve publicly traded securities of impact the public securities market.
Procedural posture
Defendants filed a motion to dismiss the complaint filed by plaintiff, chapter 11 debtor's official committee of unsecured creditors, which alleged that certain payments made to defendants by debtor were constructive fraudulent conveyances to defendants pursuant to 11 U.S.C. § 544 and N.Y. Debt. & Cred. Law §§ 273, 274 and 275, and that defendants breached their fiduciary duty to debtor.
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Court
:
- 11 U.S.C.
In re Gindberg
Nov
13
2006
Ruling
Error of debtor's attorney in failing to be aware of credit counseling requirement resulted in dismissal.
Procedural posture
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.
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Court
:
In re Brooklyn Hosp. Ctr.
May
04
2006
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.
Procedural posture
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.
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Court
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