- 11 U.S.C.
Feaster v. Surf Club of Quogue Inc. (In re Feaster)
Dec
23
2014
Ruling
Turnover complaint dismissed as the entity in possession of the property was not a named party.
Issue(s)
Should turnover proceeding be dismissed due to failure to name the entity in possession of the property as a defendant?
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Court
:
In re Credit-Based Asset Servicing & Securitization LLC
Dec
09
2014
Ruling
"Unknown creditors" could not file a proof of claim more than three years after bar date.
Issue(s)
Could "unknown creditor" file a late proof of claim more than three years after the bar date?
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Court
:
- 11 U.S.C.
Geron v. Fontana (In re Thelen LLP)
Nov
20
2014
Ruling
Former partners of debtor law firm were liable to the estate for advances received in excess of their final allowable share of net income.
Issue(s)
The right of defendants to retain draws that were paid as advances against partnership income and, because of the dissolution of the firm or other reasons, exceeded the partners' Allocable Share of Net Income (ASNI) for the calendar year 2008 (or relevant portion thereof).
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Court
:
- 11 U.S.C.
In re Carlin
Oct
07
2014
Ruling
Tax debt for which late return was filed within two years of petition date but not provided for in plan was nondischargeable.
Issue(s)
Was tax debt for which debtor filed a late return within two years prior to petition date nondischargeable?
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Court
:
- 11 U.S.C.
In re SDNY 19 Mad Park LLC
Sep
11
2014
Ruling
Extension of stay to cover action against debtor's principal denied.
Issue(s)
Should automatic stay be extended to cover lawsuits brought against debtor restaurant's member and manager?
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Court
:
- 11 U.S.C.
In re Wallace
Jul
24
2014
Ruling
Dismissal not warranted absent evidence of unfair result or filing for unfair purpose.
Issue(s)
Should debtor's chapter 13 case be dismissed for failure to file tax returns and/or for bad faith?
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Court
:
- 11 U.S.C.
In re Acrex Inc.
Jul
21
2014
Ruling
Oral misrepresentations of debtor's alleged agent were not attributable to debtor in order to establish nondischargeable debt.
Issue(s)
Whether the debtor was entitled to summary judgment on a fraud claim against it.
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Court
:
- 11 U.S.C.
In re Capitale Ventures I LLC
Jul
21
2014
Ruling
Debtor could not extend stay to its nondebtor president.
Issue(s)
Could automatic stay be extended to suspend a class action against debtor's nondebtor president personally?
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Court
:
- FRBP
Tronox Inc. v. Kerr McGee Corp. (In re Tronox Inc.)
May
30
2014
Ruling
Settlement of fraudulent conveyance proceeding approved.
Issue(s)
Should settlement of fraudulent conveyance proceeding be approved?
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Court
:
- 11 U.S.C.
Geron v. Fontana (In re Thelen LLP)
May
23
2014
Ruling
Trustee was not entitled to summary judgment on constructively fraudulent transfers by debtor law firm where partnership agreement did not provide for year-end "true-up."
Issue(s)
With regard to trustee's claim that draws that debtor law firm's partners received as advances against their entitlement to an allocation of the eventual net profits of the law firm , were received for less than reasonably equivalent value while debtor was insolvent, was the trustee entitled to summary judgment declaring the point in time of the alleged constructively fraudulent transfers and that the governing partnership agreements conclusively establish the reasonably equivalent value of each partner's services for fraudulent conveyance purposes?
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Court
: