- FRBP
In re Appleseeds Intermediate Holdings LLC
Dec
20
2012
Ruling
Voluntary withdrawal of state tax proof of claim granted with prejudice.
Procedural posture
Before the court was a motion to withdraw proofs of claim filed by the Ohio Department of Tax (ODT). Debtors filed their response opposing withdrawal unless they "will not have to incur in the future the expense and the burden they have already incurred to litigate" the legal issues implicated by the ODT Claim and providing a proposed form of order permitting ODT to withdraw the ODT Claim (the "Proposed Order").
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Court
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In re Satcon Tech. Corp.
Dec
07
2012
Ruling
Emergency motion to authorize settlement providing for offsets and providing creditor with priming lien granted.
Procedural posture
The chapter 11 debtors filed an emergency motion for entry of an order authorizing (1) entry into a settlement agreement with a creditor; (2) incurrence of post-petition trade credit; and (3) granting of a priming lien under 11 U.S.C.S. § 364(d) to secure postpetition trade credit (the settlement motion). In addition, the debtors moved for entry of a final order authorizing the use of cash collateral
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Court
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In re Riverbend Cmty. LLC
Mar
23
2012
Ruling
Single asset real estate case dismissed where plans were unconfirmable and there was not reasonable likelihood of reorganization.
Procedural posture
The United States Trustee (UST) and a secured creditor of chapter 11 debtor filed motions to convert the debtor's case to chapter 7 or, alternatively, dismiss the case with prejudice pursuant to 11 U.S.C.S. § 349(a) and § 1112(b).
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Court
:
- 11 U.S.C.
In re Amicus Wind Down Corp.
Feb
24
2012
Ruling
Rejection of lease denied where debtors could not deliver even constructive possession of premises occupied by sublessee.
Procedural posture
Chapter 11 debtors filed a notice of rejection of an executory contract and unexpired leases, and the over-landlord objected to the proposed rejection of the lease.
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Court
:
- 11 U.S.C.
Majestic Star Casino LLC v. Barden Dev. Inc. (In re Majestic Star Casino LLC)
Jan
24
2012
Ruling
Revocation by parent of debtor's qualified subchapter S status was an avoidable transfer.
Procedural posture
Debtors multi-jurisdictional casino operators brought an adversary complaint to avoid a postpetition transfer and disposition of alleged property of the estate under 11 U.S.C.S. §§ 549, 550, and for violation of the automatic stay under 11 U.S.C.S. § 362. The transfer was alleged to have occurred when defendant parent revoked debtors' qualified subchapter S subsidiary (QSub) status with defendant Internal Revenue Service (IRS).
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Court
:
- 28 U.S.C.
FKF Madison Group Owner LLC v. 18 E. 23rd St. Realty Co. LLC (In re FKF Madison Group Owner LLC)
Jan
20
2012
Ruling
Bankruptcy court abstained from hearing adversary proceeding in which debtor had virtually no stake in the outcome.
Procedural posture
On December 29, 2011, the court issued an Order to Show Cause why it should not abstain from these adversary proceedings on a permissive basis pursuant to 28 U.S.C.S. § 1334(c)(1). The interested parties duly and thoroughly responded to the Order and the court heard argument on the issue on January 18, 2012. Plaintiff debtor as well as the non-debtor secured lender and the Committee opposed abstention.
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Court
:
- 11 U.S.C.
In re Riverbend Cmty. LLC
Nov
09
2011
Ruling
Debtor ordered to present amended, confirmable plan and pay postpetition interest to bank to avoid lifting of stay.
Procedural posture
Before the court in debtor's chapter 11 case was the motion of a bank for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(3). Debtor also sought approval of a sale to an insider.
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Court
:
- 28 U.S.C.
In re Rehobeth Hospitality LP
Oct
19
2011
Ruling
Venue transferred due to location of majority of creditors, debtor's employees and investors in transferee forum.
Procedural posture
Movant, the holder of mortgages on a hotel that was the primary asset of debtor, a mortgagee that had defaulted on its obligations and had thereafter filed a chapter 11 case, asked the court to transfer venue from the current court (transferor forum) to the Northern District of Texas (transferee forum) pursuant to 28 U.S.C.S. § 1412. Debtor objected to transfer and asked the court to deny the motion.
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Court
:
- 11 U.S.C.
Burtch v. Connecticut Cmty. Bank (In re J. Silver Clothing Inc.)
Apr
29
2011
Ruling
Transfer of security interest to bank was contemporaneous exchange for loan and not avoidable.
Procedural posture
Plaintiff Chapter 7 trustee filed a complaint against defendant creditors, an individual and a bank, in which he sought, inter alia, to avoid and recover fraudulent and preferential transfers under 11 U.S.C.S. §§ 548, 547, and 550 and the disallowance of all claims under 11 U.S.C.S. § 502(d). The creditors moved for summary judgment. The trustee cross-moved for partial summary judgment.
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Court
:
- FRBP
Threshold Entmt Inc. v. Midway Games Inc.)
Mar
29
2011
Ruling
Suit between two unrelated non-debtor third parties dismissed.
Procedural posture
Plaintiff, an alleged holder of intellectual property interests, brought this adversary proceeding against defendants, affiliated debtors, seeking declaratory relief as to certain license and intellectual property rights relating to a series of debtors' videogames. Plaintiff moved to substitute the purchaser of debtors' assets as defendant pursuant to Fed. R. Civ. P. 25. Plaintiff also moved to transfer the Adversary.
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Court
: