Judge Gerber

In re Chemtura Corp.

Chapter 11 debtors filed a motion for entry of an order authorizing the modification or termination of certain post-employment benefit plans. Six former executives filed objections.
Ruling: 
Modification or termination of post-employment benefit plans for debtor's former executives allowed over objections with the exception of provision for medical and dental coverage.
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Commercial case opionion summary, case decided on April 08,2011, LexisNexis #0511-096

In re Motors Liquidation Co.

Debtors, a corporation and its affiliates, filed petitions under Chapter 11 of the Bankruptcy Code and negotiated a plan for repaying their creditors. The debtors asked the court to approve their plan. Several creditors filed objections.
Ruling: 
Plan could be confirmed if provision for release of third party claims was modified.
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Commercial case opionion summary, case decided on March 07,2011, LexisNexis #0311-132

In re Chemtura Corp.

Debtors, a corporation and affiliated businesses, filed petitions under chapter 11 of the Bankruptcy Code, and the U.S. Government, state governments, and private parties filed claims against the debtors' bankruptcy estates, seeking reimbursement under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C.S. § 9601 et seq. The debtors filed objections to the claims.
Ruling: 
Claims for reimbursement under Comprehensive Environmental Response, Compensation and Liability Act allowed provided remediation costs had actually been incurred.
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Commercial case opionion summary, case decided on January 13,2011, LexisNexis #0211-013

In re Adelphia Communs. Corp.

Bankruptcy debtors' confirmed plan provided for reimbursement of creditors' legal fees and other professional expenses subject only to reasonableness, without requiring the traditional showing of a substantial contribution to the bankruptcy case. The U.S. Trustee objected to the payment of the fees on this basis.
Ruling: 
Payment of reasonable fees of creditors' attorneys through chapter 11 plan approved.
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Commercial case opionion summary, case decided on November 18,2010, LexisNexis #1210-068

In re BearingPoint Inc.

In this contested matter in the chapter 11 cases of the reorganized debtor and its affiliates, the Liquidating Trustee moved to disallow two claims filed by the Republic of Indonesia (claimant), in the amounts of approximately $389,000 and $3.5 million, respectively. The claimant filed two proofs of claim to recover on taxes allegedly owed by a nondebtor subsidiary of debtor.
Ruling: 
Indonesian tax claims disallowed due to application of the "Revenue Rule."
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Commercial case opionion summary, case decided on November 05,2010, LexisNexis #1210-045

In re Chemtura Corp.

After chapter 11 debtors, related chemical companies, sought confirmation of a proposed plan of reorganization, several parties filed objections on grounds including that the plan was not "fair and equitable" within the meaning of 11 U.S.C.S. § 1129(b). Issues included the alleged undervaluation of debtors and the effects of that claimed defect on proposed distributions and on a proposed global settlement of claims on which the plan was based.
Ruling: 
Plan confirmed as fair and equitable as based on accurate total enterprise value and serving estate's best interests.
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Commercial case opionion summary, case decided on October 21,2010, LexisNexis #1210-027

Ames Merch. Corp. v. Unical Enters. (In re Ames Dept. Stores)

Merchandising corporation filed an adversary proceeding against creditor, seeking a determination that four payments it made to the creditor within 90 days of the date it declared chapter 11 bankruptcy were preferential transfers. The court found that three of the payments were preferential transfers, and the corporation sought prejudgment interest on amounts the creditor had to repay.
Ruling: 
Debtor allowed prejudgment interest on preferential transfer recovery.
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Commercial case opionion summary, case decided on September 10,2010, LexisNexis #0411-034

In re Chemtura Corp.

Debtors, a corporation and its affiliates, filed petitions under Chapter 11 of the Bankruptcy Code, and five companies filed claims against the debtors' bankruptcy estates, seeking contribution for potential damages they owed in product liability lawsuits. The debtors filed objections to the claims, contending that they had to be disallowed under 11 U.S.C.S. § 502(e)(1)(B).
Ruling: 
Indemnification claims for unliquidated amounts in pending lawsuits disallowed.
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Commercial case opionion summary, case decided on September 07,2010, LexisNexis #1010-109

In re DBSD N. Am. Inc.

The debtors, a development-stage enterprise formed to develop an integrated mobile satellite and terrestrial services network, moved, pursuant to 11 U.S.C.S. § 1126(e), to designate and disqualify the votes of a competing creditor, which had just purchased and was the sole holder of debt in the first lien debt class. The creditor's votes rejected the debtors' reorganization plan before the court for confirmation.
Ruling: 
Votes of creditor that purchased debtor's first lien debt in order to acquire primary asset designated and disqualified.
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Commercial case opionion summary, case decided on December 21,2009, LexisNexis #0210-064

In re DBSD N. Am. Inc.

Debtors, operators of a next generation mobile satellite service, sought confirmation of their chapter 11 plan. Confirmation was opposed by a first lien creditor and an unsecured creditor.
Ruling: 
Plan confirmed as substantial deleveraging of debtor reduced risk to objecting creditors.
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Commercial case opionion summary, case decided on October 26,2009, LexisNexis #1209-023

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