In re Pallet Co. LLC
Feb
04
2014
Ruling
Law firm did not have secured claim where trustee sold subject property before underlying lawsuits were resolved.
Issue(s)
Was creditor's claim based on a valid perfected charging lien or should it be disallowed?
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Court
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In re Fisker Auto. Holdings Inc.
Jan
17
2014
Ruling
Creditor's credit bid allowed in limited amount to ensure fairness in bankruptcy process.
Issue(s)
Was creditor entitled to credit bid its claim at asset sale and if so could the credit bid be limited.
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Court
:
In re FKF Madison Park Group Owner LLC
Dec
09
2013
Ruling
Condominium board's buyback claims allowed as agreements filed with proofs of claim provided sufficient facts to court.
Issue(s)
Were condominium association's proofs of claims based on buyback agreements sufficiently documented.
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Court
:
- 11 U.S.C.
In re Supermedia Inc.
Oct
09
2013
Ruling
License to use copyrighted images was not an executory contract that could be assumed or rejected.
Issue(s)
Was license to use photographic images, under which debtor had no further obligations to perform, an executor contract of which assumption or rejection could be compelled .
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Court
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In re Reserves Resort Spa & Country Club LLC
Jul
12
2013
Ruling
Case converted for cause as debtors were not being rehabilitated and debtor's principal's lack of respect for chapter 11 requirements.
Procedural posture
Debtor and its related entities (debtors) filed cases under chapter 11 of the United States Bankruptcy Code, 11 U.S.C.S. § 101 et seq. Several creditors and the Office of the United States Trustee (OUST) moved to convert the cases for cause under 11 U.S.C.S. § 1112(b)(1) and (4)(A), (B) and (F).
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Court
:
- FRBP
Watson v. TSC Global LLC (In re TSC Global)
Jun
26
2013
Ruling
Debtor's former employee could bring WARN Act claim in an adversary proceeding.
Issue(s)
May former employee bring WARN Act claims against debtor in an adversary proceeding.
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Court
:
In re LCI Holding Co.
Mar
15
2013
Ruling
Payments by chapter 11 debtor to eligible employees pursuant to bonus plans authorized.
Procedural posture
Chapter 11 debtors filed a motion for authorization, inter alia, to pay bonuses offered in two plans to certain eligible employees.
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Court
:
Intertek USA Inc. v. Caribbean Petro. Corp. (In re Caribbean Petro. Corp.)
Mar
11
2013
Ruling
Creditor could not challenge settlement that was incorporated into confirmed plan.
Procedural posture
An alleged co-tortfeasor (also "creditor") challenged a settlement between defendants, debtors, and its insurer. Plaintiff was insistent that the terms of a Buyback Order, as well as a Puerto Rican statute, required the Settlement Funds to be distributed only to Tort Claimants. Plaintiff moved to enforce its interpretation of the Buyback Order and also moved to enjoin distribution of the Settlement Funds.
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Court
:
- 28 U.S.C.
In re Mervyns Holdings LLC
Jan
17
2013
Ruling
Bankruptcy court abstained from hearing claim for injuries from work related accident in favor of state proceeding.
Procedural posture
The court addressed debtors' Objection to a claimant's claims.
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Court
:
- 11 U.S.C.
WM Inland Adjacent LLC v. Mervyns LLC (In re Mervyns Holdings LLC)
Jan
08
2013
Ruling
Postpetition, prerejection obligations related to lease indemnity claim entitled to administrative expense priority.
Procedural posture
The matter came before the court on the motion of cross-complainant claimant for Summary Judgment to Determine Administrative Priority for Lease Indemnity Claim under 11 U.S.C.S. § 365(d)(3), cross-defendant debtors' Cross-Motion for Summary Judgment.
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Court
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