- 11 U.S.C.
In re Congregation Birchos Yosef
Aug
24
2015
Ruling
Creditors sanctioned for violating stay by commencing proceeding against debtor's principals in a Jewish religious court.
Issue(s)
Did commencement of proceeding against debtors in Jewish religious court violate the automatic stay?
ABI Membership is required to access the full summary of In re Congregation Birchos Yosef Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Carrsow-Franklin
Jan
28
2015
Ruling
Objection to proof of claim sustained due to mortgage creditor's practice of creating documentary evidence after-the-fact when enforcing claims pursuant to assignments.
Issue(s)
Did mortgage lender have standing to file a proof of claim against debtor or was the lender not the holder or owner of the note it sought to collect?
ABI Membership is required to access the full summary of In re Carrsow-Franklin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Petroleum Kings, LLC, In re--United Energy Corp. v. Petroleum Kings, LLC
Oct
14
2014
Ruling
Creditor's proof of claim that was filed in compliance with the federal rules of bankruptcy procedure was prima facie evidence of the validity of the creditor's claim. (Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.
ABI Membership is required to access the full summary of Petroleum Kings, LLC, In re--United Energy Corp. v. Petroleum Kings, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re MPM Silicones LLC
Sep
09
2014
Ruling
Claims of senior note-holders properly subordinated to claims of second lien holders.
Issue(s)
What was proper treatment of claims of senior note holders and second lien holders in debtor's plan?
ABI Membership is required to access the full summary of In re MPM Silicones LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ramos
Oct
01
2013
Ruling
Notice to enforce debt against debtor personally violated discharge injunction.
Issue(s)
Whether mortgage lender should be held in contempt for violating debtors' discharge under 11 U.S.C.S. §§ 524 and 727.
ABI Membership is required to access the full summary of In re Ramos Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Excel Mar. Carriers Ltd.
Sep
13
2013
Ruling
Motion for termination of exclusivity period denied.
Issue(s)
Whether a motion by an official unsecured creditors committee, which was supported by the trustee for the unsecured debt, for an order terminating the debtors' exclusive periods under 11 U.S.C.S. § 1121 to file and obtain confirmation of a Chapter 11 plan was to be granted.
ABI Membership is required to access the full summary of In re Excel Mar. Carriers Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Hostess Brands Inc.
Jan
07
2013
Ruling
Motion to compel arbitration of core bankruptcy issue of use of cash collateral denied.
Procedural posture
Debtor businesses filed a petition under chapter 11 of the Bankruptcy Code and asked the court to issue an order under 11 U.S.C.S. § 363(c) which allowed them to use cash collateral they promised to pay to an insurance company. The insurance company filed a motion for an order requiring the debtor to arbitrate what it claimed was a contract dispute underlying the debtors' motion.
ABI Membership is required to access the full summary of In re Hostess Brands Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hostess Brands Inc.
Jun
22
2012
Ruling
Debtor could not seek relief from collective bargaining agreement that had expired.
Procedural posture
Creditor, the union representing employees of the debtors, filed a motion to dismiss the motion of the debtor for relief from terms of its collective bargaining agreement pursuant to 11 U.S.C.S. § 1113, for lack of subject matter jurisdiction.
ABI Membership is required to access the full summary of In re Hostess Brands Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Delphi Corp.
Mar
10
2009
Ruling
Debtor granted authority to modify employee benefit plans.
Procedural posture
The debtors moved for authority, under 11 U.S.C.S. § 363(b), to modify, in various significant measures, the employee welfare plans, including health and insurance plans, as adopted under the Employee Retirement Security Act of 1974 (ERISA), 29 U.S.C.S. § 1001 et seq. Some retirees argued that 11 U.S.C.S. § 1114(e) precluded the debtors from modifying the plans.
ABI Membership is required to access the full summary of In re Delphi Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Delphi Corp.
Feb
25
2009
Ruling
Debtor authorized to terminate employee benefits concurrent with order for appointment of committee of retired employees.
Procedural posture
Debtor and certain subsidiaries and affiliates (debtors) asked the court to confirm their authority to terminate posthaste certain employee benefits including eliminating eligibility for employer-paid post-retirement health care benefits for certain salaried employees, ceasing contributions to other health care accounts, and terminating other similar benefits. Other interested parties moved for the appointment of a committee of retired employees.
ABI Membership is required to access the full summary of In re Delphi Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: