Judge Sontchi

In re Furniture Brands Intl Inc.

Ruling: 
Corporate debtor could not reject guaranty that was not an executory contract.
ABI Membership is required to access the full summary of In re Furniture Brands Intl Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 07,2013, LexisNexis #0114-114

In re NE OPCO Inc.

Ruling: 
Utility's administrative expense claim for electricity denied as not for a "good" while claim for natural gas, which was a "good," was allowed.
ABI Membership is required to access the full summary of In re NE OPCO Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 01,2013, LexisNexis #1213-011

Burtch v. Masiz (In re Vaso Active Pharms. Inc.)

Ruling: 
Receipt of proceeds of debtor's malpractice action settlement by debtor's principal amounted to fraudulent transfer.
ABI Membership is required to access the full summary of Burtch v. Masiz (In re Vaso Active Pharms. Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 15,2013, LexisNexis #1113-019

Giuliano v. FDIC (In re Downey Fin. Corp.)

Ruling: 
Tax refund issued to debtor bank holding company was property of the estate.
ABI Membership is required to access the full summary of Giuliano v. FDIC (In re Downey Fin. Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 08,2013, LexisNexis #1013-124

Rajala v. Buerge (In re Buerge)

Ruling: 
Lien on debtor's abandoned interest in stock was not avoidable.
Court: Judge or Jurisdiction information not available
ABI Membership is required to access the full summary of Rajala v. Buerge (In re Buerge). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 13,2013, LexisNexis #0913-056

In re Scioli

A chapter 7 trustee filed an objection pursuant to Fed. R. Bankr. P. 4003(b) to a debtor's claim of exemption of three vehicles under 11 U.S.C.S. § 522(b)(3)(B) on the grounds that the vehicles were not held by the debtor and his non-debtor wife as tenants by the entirety.
Ruling: 
Trustee's objection to claimed exemption of three vehicles sustained as not held by debtor and non-debtor spouse as tenants by the entirety.
ABI Membership is required to access the full summary of In re Scioli. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 28,2013, LexisNexis #0213-081

Burtch v. Masiz (In re Vaso Active Pharms. Inc.)

Debtor's chapter 11 avoidance action trustee, brought an adversary complaint against defendant-transferees, an officer of the debtor and a former-officer turned consultant, alleging the two received fraudulent or avoidable transfers, in violation of 11 U.S.C.S. §§ 547(b), 548(a)(1), 550, and Del. Code Ann. tit. 6, §§ 1304 and 1305. The trustee moved for partial summary judgment on the claims.
Ruling: 
Transfers made in weeks prior to petition date while debtor was insolvent were avoidable.
ABI Membership is required to access the full summary of Burtch v. Masiz (In re Vaso Active Pharms. Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 09,2012, LexisNexis #1112-022

Sass v. Vector Consulting Inc. (In re American Home Mortg. Holdings Inc.)

Plaintiff Official Committee of Unsecured Creditors filed a complaint against defendant creditor seeking to avoid and recover four payments as preferential transfers pursuant to 11 U.S.C.S. § 547(b). The chapter 11 plan trustee was substituted as plaintiff. The creditor asserted that it had a complete ordinary course of business defense under § 547(c)(2) and to a limited extent, a new value defense under § 547(c)(4) and/or (c)(1).
Ruling: 
Preference period payments made pursuant to professional service agreement that conformed to industry standards were within ordinary course of business exception to avoidance.
ABI Membership is required to access the full summary of Sass v. Vector Consulting Inc. (In re American Home Mortg. Holdings Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 05,2012, LexisNexis #0612-125

In re Kemeta LLC

Creditor, a licensee of certain technology from the debtor, brought a motion to compel the chapter 7 trustee's compliance with the confidential exclusive license agreement and with 11 U.S.C.S. § 365(n).
Ruling: 
Creditor could enforce technology license agreement as binding executory contract.
ABI Membership is required to access the full summary of In re Kemeta LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 04,2012, LexisNexis #0612-012

In re Coleman

During child custody proceedings, a bankruptcy debtor was ordered by a state court to pay attorney fees to the debtor's former spouse, was subsequently assessed penalty interest for failing to pay the fees, and was thereafter ordered to pay additional fees to the spouse. The debtor moved to avoid the spouse's judicial lien based on the fee and interest awards as impairing the debtor's exemptions under 11 U.S.C.S. § 522.
Ruling: 
Judicial lien avoided as impairing debtor's exemption except to the extent securing additional fee award that was a domestic support obligation.
ABI Membership is required to access the full summary of In re Coleman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 16,2012, LexisNexis #0412-081

Pages

Subscribe to Judge Sontchi