Deep v. Danaher

Aug

2008

Ruling

Bankruptcy court did not abuse discretion in enjoining debtor from filing pleadings without leave of court.

Procedural posture

Plaintiff brought an action against defendants, two chapter 7 trustees and two others. At issue in plaintiff's appeal was whether the bankruptcy court abused its discretion by acting pursuant to 11 U.S.C.S. § 105 to enjoin him from filing further pleadings in the bankruptcy court without obtaining prior leave of the bankruptcy court.

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Court :

Northern District of New York ( Judge Kahn ) [ District Court ]

Consumer opinion summary, case decided on August 18, 2008 , LexisNexis #0908-062

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28 U.S.C.
- § 1927

Nash v. Gentile

Aug

2008

Ruling

Special counsel to trustee properly sanctioned for meritless motions to amend dismissed complaints.

Procedural posture

Appellant special counsel was appointed special counsel to a trustee. The counsel filed two complaints alleging conversion, fraud, and breach of contract. A bankruptcy judge dismissed the complaints, and denied the counsel's motion to amend with prejudice. The United States Bankruptcy Court for the Northern District of New York issued a decision and order sanctioning the counsel pursuant to 28 U.S.C.S. § 1927. The counsel appealed.

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Court :

Northern District of New York ( Judge Kahn ) [ District Court ]

Consumer opinion summary, case decided on August 06, 2008 , LexisNexis #0908-034

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11 U.S.C.

Rahm v. Halpin (In re Halpin)

Jun

2007

Ruling

Unpaid benefit plan contributions were dischargeable where debtor was not shown to have fiduciary responsibility.

Procedural posture

Appellants, members of a union and trustees of various benefit funds, filed an objection to the dischargeability of a debt under 11 U.S.C. § 523(a)(4). The debt consisted of monies that an employer, by and through appellee debtor, in his capacity as president of the employer, was obligated to contribute towards the funds. The Bankruptcy Court for the Northern District of New York discharged the debt. Appellants filed an appeal.

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Court :

Northern District of New York ( Judge Kahn ) [ District Court ]

opinion summary, case decided on June 07, 2007 , LexisNexis #0807-026

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FRBP
- Rule 1007

Borden v. Brunswick Baptist Church (In re Brunswick Baptist Church)

Jan

2007

Ruling

Debtor properly sent notice of bar date to creditors where creditors' attorney failed to request service.

Procedural posture

In appellee debtor's chapter 11 petition, appellant creditors were named on the debtor's list of creditors but their counsel was not listed. The creditors filed unsecured proofs of claim nearly three months after the deadline to file claims (bar date), and the bankruptcy court denied the creditors' motion seeking to enlarge the period in which to file proofs of claim. The creditors appealed.

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Court :

Northern District of New York ( Judge Kahn ) [ District Court ]

opinion summary, case decided on January 16, 2007 , LexisNexis #0207-070

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