Judge Grossman

In re Lemma

A creditor of a chapter 13 debtor filed a motion to terminate the co-debtor stay imposed by 11 U.S.C.S. § 1301(a) as to a co-obligor and for relief pursuant to 11 U.S.C.S. § 362(d)(4)(B) that, in the event of any future filings by the debtors, the automatic stay would not go into effect as to the creditor with respect to the debtors' residence.
Ruling: 
Relief from co-debtor stay denied where debtor's plan proposed to pay creditor's claim in full.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #1208-006

In re Lemma

The debtors filed a motion for a determination that the scheduling of the foreclosure sale of their residence by a creditor violated the co-debtor stay of 11 U.S.C.S. § 1301(a).
Ruling: 
Co-debtor stay is not terminated by 30-day automatic termination of stay in chapter 13 case.
ABI Membership is required to access the full summary of In re Lemma. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 09,2008, LexisNexis #1008-014

In re Northwest Airlines Corp.

In debtor's chapter 11 bankruptcy, a group of employees moved for relief from an order granting debtor's application pursuant to 11 U.S.C. § 1113 to reject its collective bargaining agreement ("CBA") with the group. In the second motion, debtor sought to expunge two proofs of claim filed by the same group, which claims sought damages against debtor arising by reason of the rejection of the CBA.
Ruling: 
Court denied relief from order rejecting collective bargaining agreement and granted debtor's motion to expunge proof of claims for rejection damages.
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