Weisfelner v. Blavatnik (In re Lyondell Chem. Co.)
Jan
04
2016
Ruling
Payments to officers and directors following leveraged buyout were not fraudulent transfers absent evidence of intent to hinder, delay or defraud.
Issue(s)
Were payments to debtor's premerger officers and directors subsequent to the leveraged buyout of debtor intentional fraudulent transfers that could be avoided?
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Court
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Weisfelner v. Blavatnik (In re Lyondell Chem. Co.)
Jan
04
2016
Ruling
Trustee's late-filed motion to name the executrix as the appropriate party in an adversary proceeding against estate of deceased individual granted due to excusable neglect.
Issue(s)
Should trustee be allowed to substitute the executrix of a decedent transferee's estate as the proper defendant in an avoidance proceeding where it's motion was not timely filed?
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Court
:
- 11 U.S.C.
In re Motors Liquidation Co.
Dec
04
2015
Ruling
Claims against reorganized debtor based on defects in motor vehicles manufactured by debtor’s predecessor prior to reorganization proscribed.
Issue(s)
What claims against reorganized debtor’s automobile manufacturer predecessor could be asserted against the reorganized debtor?
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Court
:
- 11 U.S.C.
Weisfelner v. Fund 1 (In re Lyondell Chem. Co.)
Nov
18
2015
Ruling
Creditor's claims for intentional fraudulent transfer dismissed absent allegations of actual intent to hinder, delay or defraud.
Issue(s)
Was complaint for intentional fraudulent transfer sufficiently pled or should the proceeding be dismissed?
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Court
:
- 11 U.S.C.
In re Motors Liquidation Co.
Nov
09
2015
Ruling
Tort claims against purchaser of debtor auto manufacturer's assets could be maintained to the extent based on new company's knowledge of faulty ignition switches and conduct.
Issue(s)
To what extent could tort claims based on faulty auto ignition switches be maintained against purchaser of debtor automobile manufacturer's purchaser?
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Court
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Weisfelner v. LR2 Mgmt. KS (In re Lyondell Chem. Co.)
Sep
18
2015
Ruling
Freight charges transfer and quay due transfer were both protected from avoidance by the contemporaneous exchange and ordinary course of business defenses respectively.
Issue(s)
Were wire charges for freight charges and quay dues protected from avoidance?
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Court
:
- 11 U.S.C.
Tese-Milner v. Gordon (In re Gordon)
Jan
13
2015
Ruling
Discharge denied due to debtor's concealment of assets and false oaths.
Issue(s)
Should debtor's discharge be denied where debtor concealed property of the estate, transferred property of the estate with the intent to hinder, delay, or defraud creditors or a trustee, and knowingly and fraudulently made false oaths?
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Court
:
- 11 U.S.C.
Tese-Milner v. Gordon (In re Gordon)
Jan
13
2015
Ruling
Discharge denied due to debtor's concealment of assets and false oaths.
Issue(s)
Should debtor's discharge be denied where debtor concealed property of the estate, transferred property of the estate with the intent to hinder, delay, or defraud creditors or a trustee, and knowingly and fraudulently made false oaths?
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Court
:
- 28 U.S.C.
In re Motors Liquidation Co.
Aug
06
2014
Ruling
Bankruptcy court had jurisdiction to review a sale order transferring assets to debtor.
Issue(s)
Did bankruptcy court have jurisdiction to enforce sale order and prevent parties from moving forward claiming not to be subject to the order?
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Court
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In re Aikens
Jan
28
2014
Ruling
Debtor who lived in public housing was not required to cure prepetition defaults in order to avoid eviction.
Issue(s)
Should debtor who was a tenant in public housing be relieved of the requirement to cure prepetition default in order to avoid eviction.
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Court
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