Judge Fitzgerald

In re Pittsburgh Corning Corp.

Chapter 11 debtor proposed a modified Third Amended Plan of Reorganization and sought confirmation. The plan included an asbestos permanent channeling injunction pursuant to 11 U.S.C.S. § 524(g). The court had issued an interim opinion and motions for reconsideration were heard for the court to make certain changes in its final memorandum and opinion.
Ruling: 
Third amended plan confirmed with asbestos permanent channeling injunction.
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Commercial case opionion summary, case decided on May 24,2013, LexisNexis #0613-105

In re Specialty Prods. Holding Corp.

Pursuant to 11 U.S.C.S. § 502(c)(1), the court estimated the amount of contingent or unliquidated mesothelioma claims against chapter 11 debtors caused by exposure to the debtors' asbestos.
Ruling: 
All asbestos personal injury claims against debtor estimated by court using risk-free rate.
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Commercial case opionion summary, case decided on May 20,2013, LexisNexis #0613-045

Melson v. Meronda Homes Inc. of Ohio (In re Meronda Homes Inc. of Ohio)

Movant homeowner filed a motion to reopen chapter 11 bankruptcy cases that were filed by debtor businesses, for the limited purpose of clarifying his rights with respect to a claim he filed against one of the debtors and finding that the claim and related state court litigation remained unaffected by a chapter 11 plan the court confirmed.
Ruling: 
Case reopened for limited purpose of clarifying effect of chapter 11 plan confirmation on claim by creditor who purchased home from debtor.
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Commercial case opionion summary, case decided on March 11,2013, LexisNexis #0413-039

Springel v. Prosser (In re Prosser)

Debtor declared chapter 7 bankruptcy and claimed that real property he owned in the U.S. Virgin Islands and in Florida was exempt from creditors' claims. Although the bankruptcy court disallowed the debtors' exemptions, the U.S. District Court for the United States Virgin Islands, Division of St. Thomas and St. John, reversed the bankruptcy court's ruling as to three tracts of land the debtor owned in the Virgin Islands, and remanded the case.
Ruling: 
Exemptions claimed in two out of three properties disallowed on remand.
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Consumer case opionion summary, case decided on February 14,2013, LexisNexis #0313-044

In re Global Indus. Techs. Inc.

Debtors, a technologies corporation and affiliated businesses, declared chapter 11 bankruptcy and proposed a plan that reorganized their businesses and established trusts to pay personal injury claims related to the manufacture and sale of asbestos and silica-related products. Following remand by the U.S. Court of Appeals for the Third Circuit, the bankruptcy court held hearings on the debtors' plan.
Ruling: 
On remand, bankruptcy court recommended that confirmation of plan proposing creation of asbestos and silica trust be affirmed.
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Commercial case opionion summary, case decided on February 13,2013, LexisNexis #0313-035

In re Flintkote Co.

Objector, the indirect owner of debtors, entities engaged in manufacturing building materials containing asbestos, objected to confirmation of a chapter 11 plan calling for the issuance of a channeling injunction and the creation of an "asbestos" trust per 11 U.S.C.S. § 524(g). Issues included whether it had standing per U.S. Const. art. III and 11 U.S.C.S. § 1109(b) to object to confirmation and whether the plan complied with 11 U.S.C.S. § 1129.
Ruling: 
Plan of debtor entities that manufactured building materials containing asbestos, providing for channeling injunction and asbestos trust, properly confirmed.
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Commercial case opionion summary, case decided on December 21,2012, LexisNexis #0113-067

In re Flintkote Co.

Debtor corporations filed a petition under chapter 11 of the Bankruptcy Code and proposed a joint reorganization plan that reorganized one of the corporations and liquidated the assets of the other corporation. The debtors asked the court to confirm their plan.
Ruling: 
Joint plan of reorganization establishing trust for resolving asbestos related claims confirmed.
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Commercial case opionion summary, case decided on December 21,2012, LexisNexis #0113-138

Carroll v. Prosser (In re Prosser)

Plaintiff, a chapter 7 Trustee, objected to the debtor's discharge under 11 U.S.C.S. § 727(a)(2), (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7). Because the Trustee failed to set forth findings of fact and conclusions of law on § 727(a)(5) and (a)(7), the court considered those claims waived or abandoned.
Ruling: 
Discharge denied due to pattern of errors, omissions, significant mischaracterization and undervaluation of assets.
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Consumer case opionion summary, case decided on December 20,2012, LexisNexis #0113-057

Spire Consulting Group LLC v. Fleming Steel Co. (In re Fleming Steel Co.)

A claimant filed a motion for allowance of administrative expenses pursuant to 11 U.S.C.S. § 503(b).
Ruling: 
Creditor not entitled to administrative expense claim related to contract with surety of which debtor was not a beneficiary.
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Commercial case opionion summary, case decided on November 14,2012, LexisNexis #1212-008

Zamindar Props. LLC v. None (In re Zamindar Props. LLC)

Before the court was movant debtor's motion to appoint counsel for debtor as Disbursing Agent.
Ruling: 
Motion to appoint debtor's counsel as disbursing agent denied as causing conflict of interest.
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Commercial case opionion summary, case decided on June 22,2012, LexisNexis #0912-003

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