- 28 U.S.C.
DHP Holdings II Corp. v. Peter Skop Indus. Inc . (In re DHP Holdings II Corp.)
Aug
13
2010
Ruling
Bankruptcy court abstained from adversary proceeding concerning primarily state law that would not significantly affect administration of the estate.
Procedural posture
Plaintiff chapter 11 debtors filed an adversary proceeding against defendant buyer, alleging breach of contract and seeking an order under 11 U.S.C.S. § 542 which required the buyer to turn over property it held, and an order under 11 U.S.C.S. § 502(d) that disallowed any claims the buyer filed. The buyer asked the court to abstain from hearing the case.
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Court
:
- 11 U.S.C.
In re Flying J Inc.
Dec
28
2009
Ruling
Net operating loss earned postpetition, carried back and applied against prepetition income, was a prepetition claim that could be set off against prepetition taxes owed.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A bank filed an objection to the debtor's plan because it proposed to pay a mortgage on a house he inherited from his mother under his plan, and also filed a motion for relief from the automatic stay.
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Court
:
- 11 U.S.C.
In re Washington Mutual Inc.
Dec
15
2009
Ruling
Claim based on contract for naming rights and sponsorship of theater allowed where debtor's authorized agent was signatory.
Procedural posture
The debtors, parent and subsidiary corporations, filed objections to the claim of creditor, the media arm of a sports and theater complex, which filed a proof of claim in the bankruptcy case against one of the debtors, in the amount of $ 7,596,726 pursuant to a pre-petition five year contract for naming rights and sponsorship of a theater.
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Court
:
In re Washington Mutual Inc.
Dec
02
2009
Ruling
Note holders' group was an "entity" that could be compelled to comply with notice requirements.
Procedural posture
Movant, the creditor purchasing substantially all of the debtor's assets, sought to compel the debtor's note holders group to comply with the notice requirements of Fed. R. Bankr. P. 2019(a), because it was an entity or committee representing more than one creditor, similar to an ad hoc creditors committee or a shareholder's committee.
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Court
:
- 11 U.S.C.
Buckley v. Merrill Lynch & Co. (In re DVI Inc.)
Sep
16
2008
Ruling
Dismissal of preferential and fraudulent transfer proceedings denied.
Procedural posture
Plaintiff chapter 11 trustee sued defendant loan provider and special purpose subsidiaries, alleging breach of fiduciary duties and seeking to avoid and recover alleged preferential and fraudulent transfers. The provider and subsidiaries moved to dismiss the claims.
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Court
:
- 11 U.S.C.
In re Buffets Holdings Inc.
May
16
2008
Ruling
Debtors could not assume and assign selected unexpired leases that were actually integrated into mater leave.
Procedural posture
Before the court was debtors' motion for approval of the assumption and assignment of an unexpired lease of non-residential real property located in Warrington, Pennsylvania, and debtors' first and third motions for authority to reject certain non-residential real property leases, including property located in Moline, Illinois, and Muskegon, Michigan. The motions were opposed by two lessors.
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Court
:
- 11 U.S.C.
CDI Trust v. U.S. Elec. Inc. (In re Communication Dynamics Inc.)
Feb
21
2008
Ruling
Rejection damages claim was a prepetition claim subject to setoff against prepetition debt owed to debtor.
Procedural posture
Plaintiff liquidating trust filed a complaint against defendant seeking, inter alia: (1) an accounting and turnover of the amounts due under certain notes; (2) to compel defendant to pay the full value of the notes; (3) recovery of damages for defendant's breach of the notes; and (4) a declaratory judgment that defendant had no right of setoff against the notes. The trust moved for summary judgment.
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Court
:
- 11 U.S.C.
EBC I Inc. v. Americal Online Inc. (In re EBC I Inc.)
Jan
10
2008
Ruling
Payments to internet service provider for on-line advertising were not avoidable as fraudulent.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant Internet service provider (ISP), seeking to recover amounts paid to the ISP for online advertising services prior to the ISP's termination of the parties'agreement as fraudulent transfers under former 11 U.S.C. § 548(a)(1). The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
In re APW Enclosure Sys.
Oct
23
2007
Ruling
Failure of debtor's counsel to obtain court approval of sale procedures mandated a reduction in fees.
Procedural posture
Debtor's counsel filed a motion to reconsider a prior order that disallowed, in part, counsel's final application for compensation for services rendered and reimbursement of expenses.
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Court
:
- 11 U.S.C.
In re FLYi Inc.
Oct
17
2007
Ruling
Sale of premises by landlord terminated any claim for unpaid rent or rejection damages against debtor.
Procedural posture
A distribution trust for chapter 11 debtors objected to the claim filed by a former landlord for lease rejection damages pursuant to 11 U.S.C. § 502(b)(6).
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Court
: