- 11 U.S.C.
Wynne v. Aurora Loan Servs. LLC (In re Wynne)
Jan
14
2010
Ruling
Bankruptcy court had jurisdiction over proceeding for violations of stay and discharge injunction but dismissed fair debt collection claims.
Procedural posture
Debtors brought an adversary complaint against defendant, their mortgage creditor, asserting claims for violation of the automatic stay, the discharge injunction, the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA). The creditor filed a motion to dismiss for failure to state a claim and for lack of subject matter jurisdiction, under Fed. R. Civ. P. 12(b)(1) and (6).
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Court
:
- FRBP
Nowak v. Gregory (In re Gregory)
Jan
14
2010
Ruling
Untimely filed nondischargeability proceeding dismissed.
Procedural posture
Plaintiffs commenced this adversary proceeding by filing a complaint to determine dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(4). Defendant debtors moved to dismiss the adversary proceeding.
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Court
:
- 11 U.S.C.
In re Metcalfe & Mansfield Alternative Invs.
Jan
05
2010
Ruling
Canadian case recognized as foreign main proceeding and Canadian court orders enforced accordingly.
Procedural posture
Debtors who were named as defendants in an action filed in the Ontario Superior Court of Justice (Canada) filed petitions under chapter 15 of the U.S. Bankruptcy Code. A company that was the court-appointed monitor and authorized foreign representative of the debtors sought recognition of the Canadian proceedings as a foreign main proceeding under 11 U.S.C.S. § 1517, an order enforcing the Canadian court's orders in the United States.
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Court
:
In re Kohl
Dec
21
2009
Ruling
Trustee's application for distribution of proceeds of sale of debtor's co-op apartments and for fees and commissions approved.
Procedural posture
A chapter 7 trustee moved for an order authorizing him to make a distribution from the proceeds of sale of the debtor's two apartments. Also before the court were fee applications for various professionals and for the trustee for his interim statutory commissions. One of the creditors objected to the motions.
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Court
:
- 11 U.S.C.
Amusement Indus. v. Citigroup Global Markets Realty Corp. (In re First Republic Group Realty LLC)
Dec
15
2009
Ruling
Preliminary injunction barring debtor from using funds from misappropriated escrow denied.
Procedural posture
Plaintiff California corporations filed an adversary proceeding against defendants, a chapter 11 corporate debtor and a realty corporation, claiming that the debtor misappropriated $ 13 million which one of the corporations placed in an escrow account to fund a transaction it was negotiating with the debtor. Plaintiffs filed a motion for a preliminary injunction that barred the debtor from using funds that were traceable to the deposit.
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Court
:
In re Ransome Group Investors I LP
Dec
14
2009
Ruling
Petitioning creditor in involuntary case not required to post bond pending resolution of bad faith issue absent cause.
Procedural posture
A petitioning creditor filed an involuntary bankruptcy petition against the alleged debtor. The debtor filed a motion to dismiss the involuntary petition on the grounds that the petition was filed in bad faith and that the creditor's claim was subject to a bona fide dispute within the meaning of 11 U.S.C.S. § 303(b). The debtor asked the court to require the creditor to post an indemnity bond pursuant to § 303(e) pending resolution of the issues.
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Court
:
- 11 U.S.C.
In re Metaldyne Corp.
Aug
12
2009
Ruling
Motion for sale of substantially all assets to consortium representing 97% of prepetition secured debt granted.
Procedural posture
Debtors moved pursuant to 11 U.S.C.S. § 363(b)(1) and (k) to approve the sale of substantially all of their assets to a consortium representing approximately 97 percent of the debtors' prepetition term lenders' secured debt. An owner of approximately $ 3.5 million of the over $ 425 million of the debtors' prepetition secured term debt filed an objection to the sale.
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Court
:
- 11 U.S.C.
In re Metaldyne Corp.
Jul
28
2009
Ruling
Original stalking horse bidder not entitled to protection after failure to comply with terms of asset purchase agreement.
Procedural posture
Two motions relating to the proposed sale, at a public auction pursuant to 11 U.S.C.S. § 363, of certain assets belonging to debtors-in-possession (DIPs) were filed. At issue was which of the two bidders was properly treated as the stalking horse bidder which would enjoy bidder protection. Motion 1 asked the court to construe particular documents and Motion 2 sought approval of bid procedures.
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Court
:
- 28 U.S.C.
Motors Liquidation Co., In re
Jul
10
2009
Ruling
Crossclaim dismissed because trustee is no longer a party to the action and thus bankruptcycourt lacks subject matter jurisdiction over the crossclaim. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
:
- 11 U.S.C.
In re Sneijder
Jul
02
2009
Ruling
Debtor's surrender of real property in satisfaction of debt was subject to creditor's potential deficiency claim.
Procedural posture
The debtor moved to expunge a secured creditor's proof of claim, where the debtor proposed to surrender the collateral real property in full satisfaction of the loan under her plan proposed under 11 U.S.C.S. § 1325(a)(5)(C). A proposed foreclosure sale for the property to be surrendered was not scheduled for another 90 days.
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Court
: