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Ford Motor Credit Co. v. Donald A. Baker (In re Baker)

Jan
29
2009
Ruling
Bankruptcy court did not err in exercising jurisdiction over postdischarge auto repossession dispute.
Procedural posture

Appellant creditor sought review of a bankruptcy court decision concluding that the creditor's repossession of a motor vehicle of appellee debtors constituted a violation of the discharge entered by the bankruptcy court and ordering the return of the vehicle, compensatory damages, attorney's fees and costs against the creditor.

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Consumer opinion summary, case decided on January 29, 2009 , LexisNexis #0209-131
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Moss Landing Commer. Park LLC v. Kaiser Aluminum Corp. (In re Kaiser Aluminum Corp.)

Jan
21
2009
Ruling
Bankruptcy court properly required dismissal of environmental contamination action pursuant to terms of confirmed plan.
Procedural posture

Appellant vendee challenged an order of bankruptcy court for the District of Delaware order requiring appellant to dismiss without prejudice a suit filed against appellee vendors, debtors and related entities, in the district court for the Northern District of California. Appellant had sought, inter alia, an order requiring appellees to remediate environmental contamination caused to land bought by appellant prior to plan confirmation.

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Commercial opinion summary, case decided on January 21, 2009 , LexisNexis #0209-103
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Law Debenture Trust Co. v. Northwestern Corp. (In re Northwestern Corp.)

Apr
02
2007
Ruling
Administrative expense of indenture trustee denied to the extent relating to disruptive objections to plan.
Procedural posture

Pending before the court was an appeal by appellant indenture trustee from the order of the bankruptcy court, granting in part and denying in part appellant's request for payment of administrative expenses pursuant to 11 U.S.C. § 503 in relation to appellee debtor's estate.

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opinion summary, case decided on April 02, 2007 , LexisNexis #0507-053
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Plan Comm. of NorthWestern Corp. v. NorthWestern Corp. (In re NorthWestern Corp.)

Mar
02
2007
Ruling
Bankruptcy court erred in refusing to distribute surplus held in disputed claim reserve as contemplated by plan.
Procedural posture

Appellant, the plan committee for appellee reorganized debtor, asked the bankruptcy court's permission to distribute to unsecured creditors surpluses held in a disputed claims reserve as required under the terms of the debtor's confirmed plan. The committee and appellant, an ad hoc group of creditors, appealed after the bankruptcy court denied the committee's request.

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opinion summary, case decided on March 02, 2007 , LexisNexis #0407-029
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Magten Asset Management Corp. v. Northwestern Corp. (In re Northwest Corp.)

Oct
03
2006
Ruling
Court could not substitute plan committee for the official committee in an adversary proceeding.
Procedural posture

Plaintiffs, asset and trust companies, sued debtor in bankruptcy court. The bankruptcy plan committee claimed that it was entitled to take the place of the official committee under the "transfer of interest" provision of Fed. R. Civ. P. 25(c). The plan committee urged the court to allow the substitution pursuant to its authority under 11 U.S.C. § 105(a). Both the companies and debtor filed objections.

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opinion summary, case decided on October 03, 2006 , LexisNexis #1106-111
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In re Northwestern Corp.

Sep
29
2006
Ruling
An amendment should have been necessary for settlement that diluted plan distributions but could not be ordered on appeal due to substantial consummation.
Procedural posture

Before the court was an appeal by appellants, investment companies, from the order issued by the bankruptcy court, denying the companies'motion filed pursuant to Fed. R. Bankr. P. 9019 seeking approval of a global compromise and settlement in appellee debtors'chapter 11 case.

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opinion summary, case decided on September 29, 2006 , LexisNexis #1006-121
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Lazard Freres & Co. LLC v. NorthWestern Corp. (In re NorthWestern Corp.)

May
22
2006
Ruling
Court reversed bankruptcy court's fee order and approved application for restructuring fee since section 330 rather than section 328 standard had wrongly been applied.
Procedural posture

An official committee of unsecured creditors hired appellant company to provide financial advisement services in conjunction with appellee chapter 11 debtor's bankruptcy proceedings. The company appealed after the bankruptcy court sua sponte reduced its restructuring fee by 50 percent and entered a fee order based on the reduced fee amount.

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opinion summary, case decided on May 22, 2006 , LexisNexis #0806-079
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