Judge Lane

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.
ABI Membership is required to access the full summary of In re Hicks. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Soho 25 Retail LLC v. Bank of Am. (In re Soho 25 Retail LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 31,2011, LexisNexis #0611-020

LaMonica v. North of England Protecting and Indemnity Assoc. (In re Probulk Inc.)

Chapter 7 trustee brought an action against insurers. He filed an emergency motion seeking a temporary restraining order to prevent insurers who had provided coverage for debtors' vessels from canceling outstanding insurance or, to the extent necessary, to require them to restore coverage. The trustee was granted relief. The trustee thereafter filed an adversary proceeding. The trustee sought a preliminary injunction.
Ruling: 
Insurer's termination of debtor's policies pursuant to "cesser clause" was ineffective.
ABI Membership is required to access the full summary of LaMonica v. North of England Protecting and Indemnity Assoc. (In re Probulk Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 07,2009, LexisNexis #0809-047

Hodges v. Armada (In re Hodges)

Plaintiffs, debtors, filed an adversary proceeding against defendant collection agency contending the agency's action violated the discharge injunction and provisions of the Fair Debt Collection Practices Act ("FDCPA"). The agency attempted to collect a debt for legal fees allegedly owed to the law firm that represented the debtors in their chapter 7 bankruptcy case.
Ruling: 
Collection agency violated discharge injunction by attempting to collect a debt that was discharged.
ABI Membership is required to access the full summary of Hodges v. Armada (In re Hodges). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge Lane