In re Ameribuild Constr. Mgmt.
Jan
14
2009
Ruling
Chapter 11 case of defunct construction management company converted to chapter 7.
Procedural posture
A debtor filed for chapter 11 bankruptcy. Creditor moved to convert the debtor's bankruptcy case from chapter 11 to chapter 7 under 11 U.S.C.S. § 1112(b) and moved under 28 U.S.C.S. §§ 1334(c)(1) and 1452(b) to abstain in or remand a state court action brought by the debtor against the creditor.
ABI Membership is required to access the full summary of In re Ameribuild Constr. Mgmt. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Northwest Airlines Corp.
Sep
05
2008
Ruling
Debtor's objection to creditor's tax indemnification claim overruled.
Procedural posture
Debtors, an airline and others, filed a petition under chapter 11 of the Bankruptcy Code, and creditor, a credit corporation, filed a claim seeking payment of approximately $ 30,024,932 under tax indemnification agreements (TIAs) it concluded with the airline. The debtors filed an objection to the creditor's claim.
ABI Membership is required to access the full summary of In re Northwest Airlines Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Northwest Airlines Corp.
Sep
05
2008
Ruling
Debtor's objection to liquidated damages claim based on rejected lease sustained as claim was unreasonable.
Procedural posture
The reorganized debtors, who operated a commercial airline, filed an objection to two proofs of claim filed by a lessor. The claims arose in connection with the debtors' rejection of the leases for two aircraft. The lessor claimed damages of $7.5 million on each lease, based in part on a liquidated damages clause in the lease that required a fixed and non-declining stipulated loss value (SLV).
ABI Membership is required to access the full summary of In re Northwest Airlines Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
1633 Broadway Mars Rest. Corp. v. Paramount Group Inc. (In re 1633 Broadway Mars Rest. Corp.)
May
22
2008
Ruling
Bad faith dismissal of debtor's second chapter 11 case denied as curing of default under prior plan was legitimate basis for refiling.
Procedural posture
Before the court was a motion to dismiss the chapter 11 petition of plaintiff debtor brought by defendant, debtor's landlord, on the ground that it was a bad faith attempt to modify an earlier plan of reorganization that had been substantially consummated.
ABI Membership is required to access the full summary of 1633 Broadway Mars Rest. Corp. v. Paramount Group Inc. (In re 1633 Broadway Mars Rest. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Go West Entertainment Inc. v. New York State Liquor Auth. (In re Go West Entertainment Inc.)
May
14
2008
Ruling
Court declined to stay revocation of liquor license that was crucial to debtor's ability to conduct business.
Procedural posture
Plaintiff debtor filed a motion for a preliminary injunction staying the effectiveness of the revocation of the debtor's liquor license by defendant New York State Liquor Authority (SLA). The debtor sought a stay pending its appeal in the state courts of the SLA's revocation of the license.
ABI Membership is required to access the full summary of Go West Entertainment Inc. v. New York State Liquor Auth. (In re Go West Entertainment Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Maya
Aug
14
2007
Ruling
Case ordered converted or dismissed where debtors would have disposable income after surrender of property on which payments were claimed in means test.
Procedural posture
The United States Trustee moved to dismiss or convert the debtors'chapter 7 petition pursuant to 11 U.S.C. § 707(b)(2) and as presumptively abusive for failing the means test calculation of their listed expenses, or alternatively under the totality of the circumstances under 11 U.S.C. § 707(b)(3)(B).
ABI Membership is required to access the full summary of In re Maya Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Northwest Airlines Corp.
Apr
13
2007
Ruling
Court denied relief from order rejecting collective bargaining agreement and granted debtor's motion to expunge proof of claims for rejection damages.
Procedural posture
In debtor's chapter 11 bankruptcy, a group of employees moved for relief from an order granting debtor's application pursuant to 11 U.S.C. § 1113 to reject its collective bargaining agreement ("CBA") with the group. In the second motion, debtor sought to expunge two proofs of claim filed by the same group, which claims sought damages against debtor arising by reason of the rejection of the CBA.
ABI Membership is required to access the full summary of In re Northwest Airlines Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Tower Automotive Mexico v. Grupo Proeza (In re Tower Auto Inc.)
Dec
07
2006
Ruling
Bankruptcy court lacked subject matter jurisdiction over proceeding for breach of arbitration agreement that would have no conceivable effect on bankruptcy.
Procedural posture
Plaintiff, a non-filing foreign subsidiary of an entity that had filed a chapter 11 proceeding, filed an adversary action in the court against defendant, a third party, claiming that defendant, which was, like plaintiff, a party to a joint venture, had breached certain arbitration agreements. Defendant sought to dismiss on a claim that the court lacked subject matter jurisdiction under 28 U.S.C. § 1334(b).
ABI Membership is required to access the full summary of Tower Automotive Mexico v. Grupo Proeza (In re Tower Auto Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Northwest Airlines Corp. v. Association of Flight Attendants-CWA (In re Northwest Airlines Corp.)
Aug
17
2006
Ruling
Rejection of collective bargaining agreement entitled union to engage in self-help but court refused to enforce terms of new, unratified collective bargaining agreement.
Procedural posture
Bankruptcy debtors, an airline and its affiliates, rejected a collective bargaining agreement ("CBA") pursuant to 11 U.S.C. § 1113 and implemented the employment terms of their last proposal to a union. The debtors moved for a preliminary injunction prohibiting the union from engaging in economic self-help, and the union moved for an order substituting employment terms set out in a subsequent CBA which was not ratified by union members.
ABI Membership is required to access the full summary of Northwest Airlines Corp. v. Association of Flight Attendants-CWA (In re Northwest Airlines Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re MarketXT Holdings Corp.
Aug
11
2006
Ruling
Petitioning creditor could not challenge sufficiency of involuntary petition.
Procedural posture
Movant, a purported creditor, sought an order (i) dismissing debtor's chapter 11 case for lack of subject matter jurisdiction, or in the alternative, (ii) directing the appointment of a chapter 11 trustee.
ABI Membership is required to access the full summary of In re MarketXT Holdings Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: