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Independent Mortg. Co. v. Porter (In re Porter)

Jun
15
2007
Ruling
Confirmation denied where debtor failed to explain why delay in selling home until end of plan was necessary for successful reorganization.
Procedural posture

The debtors moved for confirmation of their amended chapter 13 plan.

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opinion summary, case decided on June 15, 2007 , LexisNexis #0807-091
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CCI Constr. Co. v. Allfirst Bank (In re CCI Constr. Co.)

Apr
18
2007
Ruling
Bank's departure from procedure in covering outstanding checks was not in ordinary course of business so that payments were preferential.
Procedural posture

Plaintiff, debtor in possession, filed a complaint to set aside several preferential payments by the debtor to defendant bank, its primary business lender, under the terms of 11 U.S.C. § 547(b) or in the alternative, for recovery of improper setoff pursuant to 11 U.S.C. § 553. The bank asserted that the payments were not avoidable as made in the ordinary course of business, under 11 U.S.C. § 547(c)(2).

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opinion summary, case decided on April 18, 2007 , LexisNexis #0807-104
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United States v. Milwitt

Feb
05
2007
Ruling
Bankruptcy fraud conviction reversed where debtor filed to defraud tenants he was assisting but not tenant's landlord creditors.
Procedural posture

Defendant sought review of a judgment from the District Court for the Northern District of California, which convicted him upon a jury verdict on five counts of bankruptcy fraud in violation of 18 U.S.C. § 157.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 05, 2007 , LexisNexis #0307-069
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City & County of San Francisco v. PG&E Corp.

Jan
10
2006
Ruling
State unfair practices actions seeking restitution constituted police or regulatory power actions that could not be removed to bankruptcy court.
Procedural posture

Plaintiff governmental entities sued defendant corporation and its utility company in state court seeking restitution to third parties under Cal. Bus. & Prof. Code section 17200 of the California Unfair Practices Act. The actions were removed to bankruptcy court. The bankruptcy court ruled the section 17200 actions for restitution were not removable. The U.S. district court held otherwise. The entities appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 10, 2006 , LexisNexis #0106-127
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