Judge Fitzgerald

Prosser v. Gerber (In re Prosser)

Debtor sought referral to the United States Attorney under 18 U.S.C.S. § 3057, and/or to an attorney disciplinary committee, certain matters involving respondents, including attorneys for the estate involved and the trustee, with respect to payment of legal fees for a witness. The court conducted an evidentiary hearing.
Ruling: 
Payment by estate of post-testimony attorneys' fees for witness adverse to estate, which was later reimbursed, was not grounds for referral to U.S. Attorney.
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Consumer case opionion summary, case decided on December 20,2011, LexisNexis #0112-100

In re ACandS Inc.

Chapter 11 debtor in a different case in a different bankruptcy court asked the court to grant it access to statements filed per Fed. R. Bankr. P. 2019, also filing motions to intervene and motions to reopen. Issues included whether movant had standing to intervene under the "constitutional" standing requirement of U.S. Const. art. III and/or "prudential" standing and whether denial of access was inconsistent with 11 U.S.C.S. § 107.
Ruling: 
Denial of access to Rule 2019 statements to debtor in another case did not violate §107.
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Consumer case opionion summary, case decided on October 07,2011, LexisNexis #1111-069

Springel v. Prosser (In re Innovative Commun. Corp.)

Plaintiff, a Chapter 11 trustee, sought to recover pre-petition fraudulent transfers and unauthorized post-petition transfers from defendant transferees, who were the adult children of the debtors' board president, chairman, and chief executive officer (CEO).
Ruling: 
Trustee could recover fraudulent and constructively fraudulent transfers from debtor's president, chairman and CEO to adult children.
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Commercial case opionion summary, case decided on August 05,2011, LexisNexis #0911-056

In re Pittsburgh Corning Corp.

Debtor corporation filed a petition under Chapter 11 of the Bankruptcy Code, and the debtor, a committee of asbestos creditors, and a future claimants' representative ("Plan Proponents") asked the court to confirm the debtor's Modified Third Amended Plan. An insurer, individuals who claimed they were injured as a result of exposure to asbestos, and an LLC filed objections to the plan.
Ruling: 
Confirmation denied as proposed injunction channeling funds into asbestos-related claims trust was too broad.
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Commercial case opionion summary, case decided on June 16,2011, LexisNexis #0711-069

Prosser v. Prosser (In re Prosser)

Before the court was plaintiff Chapter 7 Trustee's Motion for Order (I) approving the sale of the "Palm Beach Property" pursuant to a certain contract of sale, to the party that submitted the highest and best offer; (II) authorizing the Trustee to take all reasonable steps to complete the sale, (III) directing interevening defendant debtor and his non-debtor spouse to vacate the Property, and (IV) granting related relief ("Sale Motion").
Ruling: 
Trustee granted authority to sell property subject to non-debtor spouse's right of first refusal.
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Consumer case opionion summary, case decided on March 04,2011, LexisNexis #0411-042

In re W.R. Grace & Co.

A creditor filed a motion for reconsideration of an opinion and order confirming the Chapter 11 debtors' first amended joint plan of reorganization.
Ruling: 
Confirmation amended to reflect creditor's right to attorneys' fees and resolution of objection to asbestos claim settlement.
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Commercial case opionion summary, case decided on March 04,2011, LexisNexis #0311-140

Winnecour v. Taylor (In re Taylor)

Plaintiff Trustee's adversary proceeding sought injunctive relief to prevent transfers of assets that were alleged to be property of the estate, pending the Trustee's further investigation. Movants, two defendants in the case, filed a Motion to Abstain.
Ruling: 
Court declined to abstain from hearing core proceeding to prevent transfer of assets.
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Consumer case opionion summary, case decided on February 18,2011, LexisNexis #0311-066

Berkebile v. Ocwen Loan Servicing LLC (In re Berkebile)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant United States seeking an order under 11 U.S.C.S. § 506 removing the government's federal tax lien against the debtor's real property to the extent that there was no value to secure the lien. The debtor moved for summary judgment.
Ruling: 
Tax lien could be bifurcated into secured and unsecured portions.
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Consumer case opionion summary, case decided on February 17,2011, LexisNexis #0311-046

Springel v. Prosser (In re Prosser)

The chapter 11 trustee (Trustee 11) for Company and the chapter 7 trustee (Trustee 7) for debtor husband, citing 11 U.S.C.S. § 542, sought orders for turnover against various family members, including the wife, of various items of property claimed by either one or both of the trustees to be the property of their respective estates per 11 U.S.C.S. § 541. A motion to stay proceedings was also before the court.
Ruling: 
Constructive trust imposed on debtor's property deemed subject to turnover.
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Consumer case opionion summary, case decided on February 09,2011, LexisNexis #0311-018

In re W.R. Grace & Co.

Chapter 11 debtors' first amended joint plan of reorganization as modified was before the court for a recommendation as to confirmation.
Ruling: 
Plan of debtor formerly engaged in asbestos related activities proposing asbestos trust to assume liabilities confirmed.
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Commercial case opionion summary, case decided on January 31,2011, LexisNexis #0211-140

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