2nd Circuit

In re Delta Air Lines

Chapter 11 debtor, a regional airline, filed a motion to reject its collective bargaining agreement ("CBA") with its flight attendants under 11 U.S.C. § 1113.
Ruling: 
Airline's motion for rejection of collective bargaining agreement with flight attendants granted.
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In re Murphy

A creditor submitted a request under 11 U.S.C. § 362(j) for an order confirming the termination of an automatic stay, ruling that a subsequent chapter 13 plan would not bind the creditor, and awarding attorneys'fees.
Ruling: 
Court confirmed that automatic stay was terminated since debtor had prior case dismissed within one year of filing.
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In re Elmendorf

Three separate bankruptcy cases of three debtors were before the court on three separate Motions to Dismiss for Cause filed by the U.S. Trustee.
Ruling: 
Three cases dismissed for failure to comply with credit counseling requirement but dismissal "with prejudice" applied only if warranted by facts.
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In re Toccaline

The issue before the court was whether to dismiss the case due to the debtors' failure to obtain prepetition credit counseling. The debtors filed a certificate of exigent circumstances and an amended certificate of exigent circumstances. The chapter 13 trustee objected to the amended certificate on the grounds that the debtors'request for counseling on the petition date failed to satisfy the requirements of 11 U.S.C. § 109(h)(3)(A)(ii).
Ruling: 
Case was dismissed since debtors were unable to obtain the credit counseling within the required five-day period from their request.
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In re Westover

A debtor filed a motion to dismiss or strike her chapter 7 bankruptcy case based upon her failure to obtain credit counseling before the petition date.
Ruling: 
Court granted debtor's motion to dismiss case since debtor had not complied with prefiling credit counseling requirement.
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Banner v. Cohen Estis & Assocs. LLP (In re Balco Ltd.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant law firm which represented bankruptcy debtors in consolidated cases, seeking disgorgement of the firm's retainer based on lack of disclosures under 11 U.S.C. § 327 and Fed. R. Bankr. P. 2014. The firm moved for reconsideration of the order which directed the firm to disgorge the retainer and denied the firm's fee application.
Ruling: 
On reconsideration, disgorgement of attorneys' fees upheld where firm failed to disclose conflict of interest.
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In re Ames Dept Stores Inc.

In jointly administered chapter 11 cases, debtor and its subsidiaries sought to assume and assign an unexpired lease of nonresidential real property in accordance with certain designation rights. The over-landlord of the store and others objected.
Ruling: 
Assignment of lease for store not located in shopping center that would not disrupt tenant mix approved
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Duly v. Dragone (In re Duly)

The debtor filed a motion to avoid creditor's judicial lien pursuant to 11 U.S.C. § 522(f). Since it was undisputed that the subject lien was a judicial lien, that the debtor was entitled to a $75,000 homestead exemption, and the debtor's interest in the property was 50 percent of the value of the property, the sole issue was the valuation of the property as of the petition date.
Ruling: 
Court determined valuation of property using section 522(f)(2)(A) formula and granted motion to avoid creditor's judicial lien.
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In re Northwest Airlines Corp.

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.
Ruling: 
Debtors were allowed to reject collective bargaining agreement since debtors provided union with proposed modifications documentation and bargained in good faith.
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Law Offices of Donna Buttler v. Bonebo (In re Bonebo)

Plaintiff attorney filed a complaint against defendant, a chapter 7 debtor, seeking to have her claim held nondischargeable under 11 U.S.C. § 523(a)(2)(A) as a debt for services and/or an extension of credit obtained by fraud. Debtor asserted a counterclaim for attorney's fees, pursuant to section 523(d). The matter was pending decision following a hearing.
Ruling: 
Claim for attorneys'fees incurred in marriage dissolution action was dischargeable absent evidence of fraudulent intent.
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