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Judge Walrath

In re Ormet Corp.

Ruling: 
Sale of assets free and clear approved over objection of pension trust holding successor liability claim.
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Commercial case opionion summary, case decided on July 17,2014, LexisNexis #0814-044

Burtch v. Texstars Inc. (In re Ae Liquidation)

Ruling: 
Single change in payment did not prevent application of ordinary course of business defense to preference proceeding.
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Commercial case opionion summary, case decided on October 02,2013, LexisNexis #1013-091

Bernstein v. Evergreen Line (In re Berkline)

Ruling: 
Post-statute of limitations amended complaint in avoidance proceeding related back to original filing.
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Consumer case opionion summary, case decided on August 06,2013, LexisNexis #0813-126

Burtch v. Opus LLC (In re Opus East LLC)

Ruling: 
Amendments to complaint in avoidance proceeding allowed due to equitable tolling of statute of limitations.
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Commercial case opionion summary, case decided on August 06,2013, LexisNexis #0813-125

Burtch v. Prudential Real Estate & Relocation Servs. (In re AE Liquidation Inc.)

Chapter 7 trustee filed a complaint against creditor to avoid and recover preferential transfers under 11 U.S.C.S. § 547(b). The creditor argued that the trustee failed, as a matter of law, to establish a prima facie case. In the alternative, the creditor asserted two defenses under § 547(c)
Ruling: 
Payments pursuant to quicker than usual payment schedule were not made in ordinary course of business and were avoidable.
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Commercial case opionion summary, case decided on July 17,2013, LexisNexis #0813-021

Giuliano v. RPG Mgmt. (In re NWL Holdings Inc.)

Chapter 7 trustee filed a complaint against defendant creditor seeking to avoid and recover certain payments as preferential and fraudulent transfers under 11 U.S.C.S. § 547. The creditor filed a motion for summary judgment. The trustee contested the motion. The court issued its findings of fact and conclusions of law.
Ruling: 
Transfers made to ensure continuation of insurance coverage were contemporaneous exchanges for new value and not avoidable.
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Commercial case opionion summary, case decided on June 04,2013, LexisNexis #0713-094

AP Servs. LLC v. Bellco Drug Corp. (In re CRC Parent Corp.)

A trustee of the debtors' litigation trust filed a complaint against creditor alleging that the creditor received preferential transfers or that the transfers were fraudulent conveyances or unauthorized post-petition transfers under 11 U.S.C.S. §§ 548 or 549. The trustee sought to recover the transfers and to disallow the creditor's claims. The creditor moved to dismiss the complaint for failure to state a claim for relief.
Ruling: 
Fraudulent transfer and unauthorized postpetition transfer counts of avoidance proceeding dismissed due to failure to plead debtor's insolvency or facts showing payment cleared postpetition.
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Commercial case opionion summary, case decided on March 01,2013, LexisNexis #0313-123

In re THQ Inc.

Debtors and debtors in possession asked the court to approve a proposed Asset Purchase Agreement (APA) by which they proposed to sell substantially all of their assets free and clear of liens, claims, encumbrances and other interests, to a buyer and also asked the court to find that the buyer was purchasing them in good faith within the meaning of 11 U.S.C.S. § 363(m).
Ruling: 
Asset purchase agreement with bidder with one of highest and best offers approved.
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Commercial case opionion summary, case decided on January 24,2013, LexisNexis #0413-006

In re THQ Inc.

Debtors, a corporation and affiliated businesses, declared chapter 11 bankruptcy, and the court ordered joint administration of the debtors' bankruptcy cases. The debtors filed a motion for an order authorizing the sale of certain assets free and clear of all liens and claims, approving an asset purchase agreement ("APA") they entered with a buyer, and for related relief. The court held a hearing on the debtors' motion.
Ruling: 
Sale of assets free and clear approved.
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Commercial case opionion summary, case decided on January 24,2013, LexisNexis #0413-005

Burtch v. Avnet Inc. (In re Managed Storage Intl Inc.)

Plaintiff, a chapter 7 trustee, filed a complaint against defendants, a creditor and its successor, seeking to recover an amount as an alleged preference. Defendants filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Preference proceeding against creditor dismissed due to terms of executed release.
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Commercial case opionion summary, case decided on November 26,2012, LexisNexis #1212-103

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