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In re Northwest Airlines Corp.

Jun
29
2006
Ruling
Debtors were allowed to reject collective bargaining agreement since debtors provided union with proposed modifications documentation and bargained in good faith.
Procedural posture

Chapter 11 debtors filed a motion pursuant to 11 U.S.C. § 1113 to reject a collective bargaining agreement and change the terms and conditions of employment of its flight attendants. The authorized representative of the flight attendants objected to the motion and to the relief sought by debtors.

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opinion summary, case decided on June 29, 2006 , LexisNexis #0706-101
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In re Tower Auto. Inc.

May
19
2006
Ruling
Settlements were approved since debtors were entitled to negotiate modification of retirees'benefits and retirees were not similarly situated to unsecured creditors.
Procedural posture

Pursuant to 11 U.S.C. § 1114, bankruptcy debtors in possession proposed to modify the benefits of retirees who previously retired from the debtors'employment, but the committee of unsecured creditors asserted that settlements between the debtors, the retirees, and unions provided disparate treatment and constituted a sub rosa plan of reorganization. The debtors moved for approval of the settlements.

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opinion summary, case decided on May 19, 2006 , LexisNexis #0706-102
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Pereira v. Wells Fargo Bank N.A. (In re Gonzalez)

May
19
2006
Ruling
Debtor's payments of mortgage obligation of mother of child of whom debtor claimed paternity were deemed not constructively fraudulent since debtor openly acknowledged paternity and thus received reasonably equivalent value for payments.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant mortgagees, seeking to recover mortgage payments made by a debtor toward the mortgage obligation of the mother of a child of whom the debtor claimed paternity. The trustee asserted that the payments were constructively fraudulent transfers under 11 U.S.C. § 548(d)(2)(A). The mortgagees moved for summary judgment.

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opinion summary, case decided on May 19, 2006 , LexisNexis #0606-129
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In re Oneida Ltd.

May
04
2006
Ruling
Court appointed official equity committee since the equity security holders met their burden of showing such a committee was necessary to avoid appearances of impropriety in debtor restructuring.
Procedural posture

An ad hoc committee of equity security holders that had participated in these administratively consolidated cases since inception applied to the trustee for the appointment of a committee of equity security holders pursuant to 11 U.S.C. § 1102(a)(1). The trustee denied the request for appointment of a committee. The ad hoc committee moved for the appointment of a committee under 11 U.S.C. § 1102(a)(2).

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opinion summary, case decided on May 04, 2006 , LexisNexis #0606-061
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Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. U.S. Relocation Servs. Inc. (In re 360networks Inc.)

Dec
19
2005
Ruling
A company helping debtors relocate their employees did not show in a transfer avoidance proceeding that transfers were made in the ordinary course of business, but the court ruled that it was unclear regarding whether its services constituted contemporane
Procedural posture

Plaintiff bankruptcy debtors brought an adversary proceeding against defendant relocation service company, seeking to recover as preferential transfers payments made by the debtors to the company for the company's services under a contract to assist in relocating the debtors'employees. The parties'cross-moved for summary judgment with regard to the company's defenses under 11 U.S.C. §§ 547(c)(1), (2).

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opinion summary, case decided on December 19, 2005 , LexisNexis #0506-022
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