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In re SCO Group Inc.

Nov
27
2007
Ruling
Relief from stay granted to allow federal suit to go forward where bankruptcy had been filed on eve of trial.
Procedural posture

Defendant creditor, which was a cross-claimant in certain federal district court litigation, sought relief from stay for cause pursuant to 11 U.S.C. § 362(d) so to allow the trial of a suit filed by plaintiff debtors, scheduled to begin three days after debtors filed bankruptcy, to go forward. Defendant had already won summary judgment against debtors on certain issues. Debtors, who were operating as debtors in possession, opposed the motion.

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Commercial opinion summary, case decided on November 27, 2007 , LexisNexis #0108-005
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In re Proxim Corp.

Jun
12
2007
Ruling
County was not entitled to priority treatment for taxes asessed eleven days after petition date.
Procedural posture

Debtors, a corporation and other parties, filed a petition for bankruptcy under chapter 11. Santa Clara County, California, filed a claim alleged that the debtors owed property taxes, interest, and penalties, and sought priority tax treatment, pursuant to 11 U.S.C. § 507(a)(8)(B). The debtors filed an objection to the County's claim and moved for summary judgment on their objection.

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opinion summary, case decided on June 12, 2007 , LexisNexis #0707-093
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Brandt v. B.A. Capital Co. (In re Plassein Intl Corp.)

Apr
20
2007
Ruling
Leveraged buyouts made through financial institution were unavoidable settlements.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant former shareholders of private corporations acquired by bankruptcy debtors, seeking to avoid the sale of the shareholders'stock to the debtors under 11 U.S.C. § 544(b) as constructively fraudulent under Del. Code Ann. tit. 6, §§ 1304 and 1305. The shareholders moved to dismiss the complaint.

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opinion summary, case decided on April 20, 2007 , LexisNexis #0807-103
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In re Global Home Prods. LLC

Mar
06
2007
Ruling
Debtors'management incentive plan and sales bonus plan approved over union's objection.
Procedural posture

Chapter 11 debtors filed a motion for an order authorizing and approving a management incentive plan and a sales bonus plan.

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opinion summary, case decided on March 06, 2007 , LexisNexis #0407-077
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In re Global Home Products LLC

Dec
21
2006
Ruling
Payment of administrative expense claims denied due to potential prejudice to debtor in possession and its ability to borrow.
Procedural posture

Movant creditor, a vendor of debtor, sought the allowance and immediate payment of its claim brought pursuant to 11 U.S.C. § 503(b)(9). Debtors in possession were operating their business pursuant to 11 U.S.C. §§ 1107 and 1108. Debtors had purchased approximately 122,986 pounds of aluminum from the creditor in the ordinary course of debtors' business during the twenty days immediately preceding the petition date.

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opinion summary, case decided on December 21, 2006 , LexisNexis #0207-078
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