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In re Delphi Corp.

Jan
20
2009
Ruling
State tax claim filed 13 1/2 months after bar date disallowed absent excusable neglect.
Procedural posture

After the chapter 11 debtors objected to a claim of the Louisiana Department of Revenue because it was filed approximately thirteen-and-a-half months late, the department moved under Fed. R. Bankr. P. 9006(b)(1) for an order deeming it timely because of the department's excusable neglect.

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Commercial opinion summary, case decided on January 20, 2009 , LexisNexis #0509-061
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In re Frontier Airlines Holdings Inc.

Nov
14
2008
Ruling
Airline authorized to reject collective bargaining agreements.
Procedural posture

Debtor airline filed a motion under 11 U.S.C.S. § 1113 for authority to reject its collective bargaining agreements (CBAs) with three groups of its employees, all of whom were represented as their bargaining agent by the Teamsters Airline Division of the International Brotherhood of Teamsters (the union).

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Commercial opinion summary, case decided on November 14, 2008 , LexisNexis #0909-018
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In re SPhinX Ltd.

Sep
06
2006
Ruling
Foreign main proceeding recognition was inappropriate where debtor hedge fund's investors sought to use it defeat settlement with trustee in bankruptcy of the largest creditor.
Procedural posture

Foreign representatives of debtors in liquidation in a foreign country petitioned for recognition of the foreign liquidation proceedings as foreign main proceedings under 15 U.S.C. § 1517. Recognition was opposed by a trustee in bankruptcy cases in which a settlement with the debtors, which filed proofs of claim in the cases, was being appealed by certain of the debtors'investors.

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opinion summary, case decided on September 06, 2006 , LexisNexis #1006-047
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In re A.C.E. Elevator Co.

Jun
23
2006
Ruling
Payment of delinquent employee benefit plan contributions ordered subject to determination of extent contributions were entirely in respect of benefits for retirees, spouses and dependents.
Procedural posture

Creditor trustees of a multiemployer employee benefit plan moved for an order directing the debtor employer to pay delinquent plan contributions, interest, liquidated damages, and attorney's fees and costs, asserting such costs were expenses entitled to administrative priority under 11 U.S.C. §§ 365(b)(1), 503(b)(1)(A), 507(a)(1), 1113(f) and 1114(e).

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opinion summary, case decided on June 23, 2006 , LexisNexis #1006-032
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In re Refco Inc.

Jan
20
2006
Ruling
Official committee of unsecured creditors had duty to keep unsecured creditors informed but did not have to disclose information that was confidential or required waiving of attorney-client privilege.
Procedural posture

After several related entities filed voluntary chapter 11 petitions, movant official committee of unsecured creditors moved to clarify its obligation under 11 U.S.C. § 1102(b)(3)(A) to provide unsecured creditors who were not members of the committee with access to information.

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opinion summary, case decided on January 20, 2006 , LexisNexis #0506-003
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Baron v. Klitchko (In re Klutchko)

Oct
11
2005
Ruling
Debtor was denied a discharge because the debtor intentionally and with fraudulent intent failed to disclose the debtor's consultant work performed for a corporation formed by the debtor's live-in companion.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, the debtor and a corporation, alleging that the debtor's discharge should be denied under 11 U.S.C. § 727(a) for making a false oath, concealing property with the intent to hinder, delay, or defraud creditors, and failing to maintain and provide adequate financial records. The court conducted a bench trial.

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opinion summary, case decided on October 11, 2005 , LexisNexis #0306-062
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