- 11 U.S.C.
In re Berks Behavioral Health LLC
Aug
18
2010
Ruling
Sale of assets and assignments of executory contracts and leases approved as exercise of sound business judgment.
Procedural posture
Debtor LLC filed a petition under chapter 11 and sought an order which (1) authorized the debtor to sell certain of its assets free and clear of all liens, claims, encumbrances, and interests, (2) determined that the sale was exempt from any stamp, transfer, recording, or similar tax, (3) authorized the debtor to assume and assign certain executory contracts and unexpired leases to the buyer, and (4) granted related relief.
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Court
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In re Kirschner
May
05
2010
Ruling
Trustee's retention of law firm that previously represented debtor as special counsel approved for limited purpose only.
Procedural posture
Before the court was the chapter 7 trustee's application to employ a certain law firm as Special Counsel. An objection was filed by a corporation (hereafter, "Objector") against whom the chapter 7 Trustee sought to prosecute claims. Debtor, represented by the firm for a time, had earlier prosecuted the same claims against the corporation.
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Court
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- 11 U.S.C.
Chase Bank USA v. Weber (In re Weber)
Mar
11
2010
Ruling
Dischargeability complaint filed 63 days after creditors' meeting was timely where day sixty was a Friday holiday.
Procedural posture
Defendant chapter 7 debtor filed a motion to dismiss a complaint filed against her by plaintiff creditor. The complaint alleged claims regarding the dischargeability of a debt to the creditor under 11 U.S.C.S. § 523(a)(2). The debtor contended that the complaint should be dismissed as untimely under Fed. R. Bankr. P. 4007(c), while the creditor argued that the complaint was timely filed under Fed. R. Bankr. P. 9006(a).
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Court
:
- FRBP
In re Philadephia Newspapers Inc.
Feb
04
2010
Ruling
"Steering Group" created by debtor's lenders not required to make disclosures required of committees.
Procedural posture
Debtors filed a motion seeking entry of an order compelling a self-styled "Steering Group of Pre-petition Lenders" to comply with Fed. R. Bankr. P. 2019 by providing the complete data which Rule 2019(a) requires to be filed in a verified statement with the court.
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Court
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In re Philadelphia Newspapers LLC
Jan
13
2010
Ruling
Debtor could reject asset purchase agreement.
Procedural posture
Before the court was debtors' motion for an order rejecting an asset purchase agreement (APA) and related agreements between certain of the debtors and the counterparty. The counterparty opposed the motion.
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Court
:
- 11 U.S.C.
Liebersohn v. WTAE-TV (In re Pure Weight Loss Inc.)
Nov
10
2009
Ruling
Payments to creditor that differed in timing and amount from usual practice were not covered by ordinary course of business defense to avoidance.
Procedural posture
Chapter 7 Trustee filed this adversary proceeding pursuant to 11 U.S.C.S. § 547(b) and § 550(a) to avoid and recover two payments which the debtor made to defendant television station during the 90 day preference period before the debtor filed its Chapter 7 bankruptcy case. The station filed a motion for summary judgment asserting that both transfers fell within the "ordinary course of business" exception of 11 U.S.C.S. § 547(c)(2)(A).
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Court
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In re Philadelphia Newspapers LLC
Oct
08
2009
Ruling
Debtors could not preclude lenders from submitting a "credit bid" at auction sale of substantially all debtor's businesses and assets.
Procedural posture
In this chapter 11 case, debtors moved for an order approving procedures to govern a public auction sale of substantially all of the debtors' businesses and assets. Creditor lenders, who were owed in excess of $300 million and anticipated distribution of approximately $66 million via the debtors' plan, opposed certain provisions.
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Court
:
- 11 U.S.C.
Lightfoot v. Borkon (In re Lightfoot)
Oct
08
2008
Ruling
Creditor who had obtained relief from stay in debtor's spouse's case to proceed against trucks violated stay by repossessing two trucks two days after debtor's subsequent filing.
Procedural posture
Plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, claiming that the creditor violated 11 U.S.C.S. § 362 and the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), 73 Pa. Stat. Ann. § 201-1 et seq., when he repossessed two trucks he sold to a business the debtor owned with her husband. The case was tried to the court.
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Court
:
- 11 U.S.C.
Guben v. United States (In re Guben)
Aug
14
2008
Ruling
IRS debt was nondischargeable where debtor had paid for education, vacations and a noted art collection but not paid taxes.
Procedural posture
Plaintiff debtor brought an adversary claim against defendant creditor the United States (IRS), seeking a determination that her tax liabilities for about nine years were dischargeable, having grown with interest and penalties to the sum of $ 319,271. The IRS asserted that the debtor had attempted to evade payment of the taxes, and, as a result, her tax debt should not be discharged pursuant to 11 U.S.C.S. § 523(a)(1)(C).
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Court
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In re Hibble
Jul
18
2007
Ruling
Creditor not entitled to deficiency claim resulting from post-confirmation disposition of collateral although a portion was allowable as administrative expense.
Procedural posture
The creditor, that held an undersecured lien on debtor's motor vehicle, repossessed the vehicle and sold it after the debtor defaulted and failed to make agreed monthly payments "outside" the bankruptcy estate. The creditor then filed a claim for the deficiency on the sale. The debtor objected to the claim as untimely, because it was filed after both the claims bar date and the entry of the order of confirmation.
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Court
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