Judge Lane

Davis v. All Points Packaging & Distrib. (In re Quebeqcor World (USA) Inc.)

Litigation trustee under bankruptcy debtors' plan brought an adversary proceeding against defendant transferee of funds from the debtors alleging that a payment to the transferee was avoidable as a preferential transfer, and the transferee asserted that the payment was made in the ordinary course of business and was thus not avoidable under 11 U.S.C.S. § 547(c)(2). The trustee and the transferee cross-moved for summary judgment.
Ruling: 
Payment made beyond pre-preference period average was not made in ordinary course of business and was avoidable.
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Commercial case opionion summary, case decided on April 22,2013, LexisNexis #0513-058

In re Amr Corp.

Debtors, an airline and its parent company, filed petitions under chapter 11 of the Bankruptcy Code, and movant claimant filed a late claim against the airline's bankruptcy estate and asked the court to enter an order under Fed. R. Bankr. P. 9006(b)(1) and 11 U.S.C.S. § 105(a) which extended the deadline it had for filing its claim and allowed the claim. The debtors opposed the claimant's motion.
Ruling: 
Claim filed more than three months after bar date disallowed.
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Commercial case opionion summary, case decided on April 22,2013, LexisNexis #0513-070

In re AMR Corp.

Debtors filed a motion under 11 U.S.C.S. §§ 363, 503(b), and 105(a) for approval of an agreement to merge the debtors (debtor airline) with another airline. The U.S. Trustee (UST) objected to the motion.
Ruling: 
Merger of debtor with another airline approved except as to proposed severance payment to debtor's CEO.
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Commercial case opionion summary, case decided on April 11,2013, LexisNexis #0513-079

U.S. Bank Trust v. American Airlines Inc. (In re AMR Corp.)

Debtors and debtors-in-possession, airline and related parties, moved for authority to enter into a postpetition secured financing transaction under 11 U.S.C.S. § 364(c), and for authority to use cash on hand, including the proceeds of the new financing, to repay the obligations of the airline under certain pre-petition financing transactions. Creditor bank, a prepetition lender, objected to the motion.
Ruling: 
Postpetition financing approved as not requiring payment of make whole amount due to filing constituting default and triggering acceleration.
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Commercial case opionion summary, case decided on January 17,2013, LexisNexis #0213-044

In re AMR Corp.

After employees of a bankruptcy debtor rejected a negotiated collective bargaining agreement (CBA), the debtor moved to reject the existing CBA pursuant to 11 U.S.C.S. § 1113 based on necessity to the debtor's reorganization. The employees' union objected to the motion.
Ruling: 
Existing collective bargaining agreement could be rejected in absence of negotiated collective bargaining agreement to allow debtor's reorganization.
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Commercial case opionion summary, case decided on September 04,2012, LexisNexis #1012-060

In re AMR Corp.

Chapter 11 debtor, an airline, filed a motion under 11 U.S.C.S. § 1113 seeking authority to reject the collective bargaining agreements (CBAs) between the airline and various unions. While the airline reached agreement with some unions, it did not reach an agreement with the pilots union (the union) and the court therefore addressed the merits of the motion as to that union.
Ruling: 
Debtor airline could not reject collective bargaining agreement with pilot's union due to proposed changes that were not deemed necessary.
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Commercial case opionion summary, case decided on August 15,2012, LexisNexis #0912-025

In re Container Co. (TCC ) AS

Movants, all of whom were defendants in adversary proceedings filed by the chapter 15 debtor sought to modify the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) in order to file complaints before the Federal Maritime Commission (FMC) alleging violations of the federal Shipping Act of 1984 by the debtor.
Ruling: 
Relief from stay to allow proceeding before Federal Maritime Commission denied as not within agency's primary or exclusive jurisdiction.
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Commercial case opionion summary, case decided on February 10,2012, LexisNexis #0312-042

In re Obasi

On a motion by the United States Trustee (UST), the court ordered defendant, a lawyer and his firm, to show cause why they should not be held in contempt or otherwise sanctioned under Fed. R. Bankr. P. 9011 ( for allowing the electronic signing of a bank's proof of claim in debtor's chapter 13 and the filing of that proof of claim (POC) without reviewing the same.
Ruling: 
Submission of proofs of claim without review by attorney whose electronic signature was affixed violated Rule 9011.
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Consumer case opionion summary, case decided on December 19,2011, LexisNexis #0212-070

In re Hicks

Petitioner banks filed a petition pursuant to 11 U.S.C.S. § 303(h), seeking entry of an order which placed a debtor into chapter 7 bankruptcy. The debtor opposed the petition, claiming, inter alia, that the petition could not be granted because there was a bona fide dispute as to amounts the banks claimed.
Ruling: 
Involuntary petition was proper where there was no bona fide dispute as to liability for petitioning creditors' claims.
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Consumer case opionion summary, case decided on November 30,2011, LexisNexis #0112-037

Soho 25 Retail LLC v. Bank of Am. (In re Soho 25 Retail LLC)

Chapter 11 debtor filed an adversary proceeding against bank, seeking a determination in Count I of its complaint that rent tenants owed under leases they signed to rent space in a building the debtor owned belonged to the debtor's bankruptcy estate and were improperly collected by the bank. The parties filed cross-motions for summary judgment.
Ruling: 
Rents properly assigned to bank were not property of the estate.
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Commercial case opionion summary, case decided on March 31,2011, LexisNexis #0611-020

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