In re DBSD North Am. Inc.
Sep
30
2009
Ruling
Claim by creditor who relocated broadcast licenses on spectrum band disallowed against co- debtors of debtor licensee who were not licensees.
Procedural posture
In this contested matter under the umbrella of jointly administered chapter 11 cases, a creditor asserted claims against each of the separate debtors based on contentions of joint and several liability. The debtors objected to those claims, insofar as they were asserted against debtor entities other than a licensee of the creditor.
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Court
:
- 11 U.S.C.
In Lyondell Chem. Co.
Sep
09
2009
Ruling
Order allowing debtor to reject executory contracts did not cover abandonment of personal property.
Procedural posture
A corporate debtor and its affiliates filed petitions under chapter 11, and the court ordered joint administration of the bankruptcy cases. In an order dated March 13, 2009, the court allowed the debtor to idle a facility it leased, reduce the workforce at that facility, and reject executory contracts related to the facility. The debtor and its affiliates asked the court to clarify its order.
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Court
:
- 11 U.S.C.
In re GMC
Jun
01
2009
Ruling
Order issued enforcing stay to prohibit any actions to modify or terminate executory contracts or unexpired leases.
Procedural posture
Debtors in the chapter 11 cases moved, pursuant to 11 U.S.C.S. § 105(a), for entry of an order enforcing the automatic stay imposed by 11 U.S.C.S. § 362, prohibiting the modification or termination of any executory contract or unexpired lease, or any right or obligation under such contract or lease, pursuant to 11 U.S.C.S. § 365(e)(1), affirming the protections against discriminatory treatment contained in 11 U.S.C.S. § 525.
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Court
:
In re Lyondell Chem. Co.
Mar
18
2009
Ruling
Stay lifted for limited purposes of allowing determination of state law issues in prepetition appeal.
Procedural posture
Debtors, a chemical company and its affiliates, filed petitions under chapter 11, and a creditor filed a motion seeking relief from the automatic stay that was imposed under 11 U.S.C.S. § 362(a) so the chemical company could continue to prosecute an appeal that was pending in the Superior Court of New Jersey, Appellate Division, at the time the chemical company declared bankruptcy. The chemical company opposed the motion.
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Court
:
- 11 U.S.C.
Lyondell Chem. Co. v. Centerpoint Energy Gas Servs. (In re Lyondell Chem. Co.)
Feb
26
2009
Ruling
Injunction issued barring creditors from filing involuntary petition against debtor's parent company for 60 days.
Procedural posture
Chapter 11 debtors filed an adversary proceeding against defendant creditors, seeking an order prohibiting the creditors, until confirmation, from pursuing certain remedies against the debtors' non-debtor parent corporation. The court issued a temporary restraining order (TRO), and while the TRO was in effect, the debtors filed motions seeking two preliminary injunctions.
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Court
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In re River Ctr. Holdings LLC
Oct
03
2008
Ruling
Bankruptcy court issued order for enforcement of approved settlement.
Procedural posture
In a contested matter in debtors' jointly administered chapter 11 cases, two lenders moved for entry of an order, pursuant to 11 U.S.C.S. § 105(a) to enforce, inter alia, a "Stipulation and Agreement Regarding Compromise and Settlement" which previously had been approved by the court. Debtors' condemnation counsel sought to assert and enforce their attorney's charging liens against the proceeds of the condemnation award under N.Y. Jud. Law § 475.
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Court
:
- FRBP
In re Applied Theory Corp.
Apr
24
2008
Ruling
Settlement disapproved as prejudicial to unsecured creditors and administrative expense creditors.
Procedural posture
The chapter 11 trustee moved for authorization to enter into a settlement agreement with the secured lenders of the debtor. The motion was opposed by the creditors' committee, which generally argued that aspects of the settlement were contrary to law and prejudicial to the debtors'unsecured creditor community and administrative expense creditors.
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Court
:
- 11 U.S.C.
In re Wen Hua Xu
Apr
07
2008
Ruling
Debtor's failure to disclose assets, respond to trustee's requests or appear at creditors'meetings resulted in dismissal.
Procedural posture
In this contested matter in debtor's chapter 7 case, a judgment creditor moved for dismissal of debtor's petition pursuant to 11 U.S.C.S. § 109(g)(1).
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Court
:
- FRBP
In re Cantico Intl Ltd.
Mar
19
2008
Ruling
Sanctions imposed against putative owner of property for filing involuntary chapter 11 case to delay foreclosure without justification.
Procedural posture
A trustee filed a motion for monetary sanctions, pursuant to Fed. R. Bankr. P. 9011, against a putative owner and his attorney in an involuntary chapter 11 case.
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Court
:
- 11 U.S.C.
In re Basis Yield Alpha Fund (Master)
Jan
16
2008
Ruling
Cayman Islands insolvency proceeding of exempted company was not required to be recognized as a foreign main proceeding in absence of evidence of nature of business.
Procedural posture
Petitioner liquidators of a foreign debtor, an exempted limited liability financial company incorporated under the laws of the Cayman Islands, sought U.S. recognition of the debtor's Cayman Islands insolvency proceeding. No objection to recognition was made by any party, and the liquidators moved for summary judgment of recognition of the foreign proceeding as a foreign main proceeding.
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Court
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