Judge Walsh

Sebastian v. Frickel (In re WorldSpace Inc.)

Ruling: 
Derivative complaint against non-debtor subsidiary of debtor by the subsidiary's employee dismissed for lack of standing.
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Commercial case opionion summary, case decided on September 17,2014, LexisNexis #1014-036

Zazzali v. AFA Fin. Group LLC

Plaintiff Trustee brought a proceeding against defendants (some of "Movants"). Count One was pursuant to 11 U.S.C.S. § 548(a)(1)(A). Counts Two and Three were pursuant to 11 U.S.C.S. § 544 and Idaho Code Ann. §§ 55-906, 55-913. Count Four alleged unjust enrichment. Count Five was pursuant to 11 U.S.C.S. § 547. Count Six was pursuant to 11 U.S.C.S. § 549. Count Seven sought claim disallowance under 11 U.S.C.S. § 502(d). Movants sought dismissal.
Ruling: 
Avoidance proceedings dismissed except to the extent that good faith/value defense possibly applied.
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Commercial case opionion summary, case decided on August 28,2012, LexisNexis #1212-093

Zazzali v. 1031 Exch. Group (In re DBSI Inc.)

Plaintiff, a litigation trustee for the chapter 11 debtors' estate litigation trust, filed an amended complaint against defendants asserting causes of action for, inter alia, the avoidance and recovery of alleged fraudulent transfers under 11 U.S.C.S. §§ 544, 548, 550, and 551 and under Idaho state law. Certain defendants filed a motion to transfer venue pursuant to 28 U.S.C.S. § 1412.
Ruling: 
Bankruptcy court declined to transfer venue of adversary proceeding out of district where bankruptcy and other adversary proceedings were pending.
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Commercial case opionion summary, case decided on August 14,2012, LexisNexis #0912-032

In re Blitz U.S.A. Inc.

Debtors, a corporation and affiliated businesses, declared chapter 11 bankruptcy and operated their businesses as debtors-in-possession, pursuant to 11 U.S.C.S. §§ 1107(a) and 1108. The corporation filed a motion seeking permission to pay employees a bonus for Fiscal Year 2012. A committee of unsecured creditors and the United States Trustee ("UST") filed objections. The court held a hearing on corporation's motion.
Ruling: 
Bonus plan proposed by debtor in possession in good faith and in ordinary course of business, based on sound business judgment, approved.
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Commercial case opionion summary, case decided on July 09,2012, LexisNexis #0912-042

Zazzali v. Swenson (In re DBSI Inc.)

Trustee of a liquidation trust created by a bankruptcy plan brought an adversary proceeding against defendant state tax agencies seeking to recover allegedly fraudulent transfers under the law of a state pursuant to 11 U.S.C.S. § 544(b). The agencies moved to dismiss the claims based on state sovereign immunity.
Ruling: 
Sovereign immunity did not apply to prevent trustee's fraudulent transfer claims against state tax agencies.
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Commercial case opionion summary, case decided on January 27,2012, LexisNexis #0212-071

Claybrook v. AutoZone Tex. LP (In re American Remanufacturers Inc.)

In this adversary proceeding where plaintiff Chapter 7 trustee unsuccessfully pursued an avoidance action and an accounts receivable action, defendants filed a motion for sanctions pursuant to 28 U.S.C.S. § 1927 and Fed. R. Bankr. P. 7054(b).
Ruling: 
Trustee and counsel sanctioned for unreasonable behavior in pursuing avoidance proceeding.
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Commercial case opionion summary, case decided on July 28,2011, LexisNexis #0811-139

In re Orleans Homebuilders Inc.

Debtors, a corporation that built single-family homes, townhouses, and condominiums and its affiliates, filed petitions under Chapter 11 of the Bankruptcy Code and operated their businesses as debtors-in-possession. The debtors sought an order which required a company ("supplier") that sold steel to the debtors to comply with the automatic stay, and they asked the court to hold the supplier in civil contempt and for damages.
Ruling: 
Debtor willfully violated stay by retrieving steel it had delivered to debtor prepetition.
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Commercial case opionion summary, case decided on March 08,2011, LexisNexis #0311-109

Zazzali v. Wavetronix LLC (In re DBSI Inc.)

Defendants filed a motion to dismiss the complaint filed by plaintiffs, trustees of debtors' estate litigation trust and debtors' liquidating trust, seeking to recover allegedly fraudulent conveyances from defendants under 11 U.S.C.S. § 548 and state law, alleging that one defendant breached his personal guaranty, alleging breach of fiduciary duties, alleging unjust enrichment, and alleging breach of an operating agreement.
Ruling: 
Fraudulent transfer proceeding against partial owners of transferee LLC dismissed.
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Commercial case opionion summary, case decided on March 04,2011, LexisNexis #0411-020

DGI Liquidating Trust v. William Gallagher Assocs. Ins. Brokers Inc. (In re DGI Resolutions Inc.)

Defendant insurance broker moved to dismiss a three-count adversary complaint filed by plaintiff, the trustee for a liquidating trust, in which plaintiff sought to recover, in whole or on a prorated basis, a fee paid to the broker in connection with its procurement of a rider extending insurance coverage past the date of its liquidation. Plaintiff's theories included that the payment was unauthorized and thus avoidable under 11 U.S.C.S. § 549.
Ruling: 
Trustee's avoidance proceeding based on allegedly unauthorized transfer to insurance broker dismissed due to court authorization for debtor obtaining and continuing insurance coverage.
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Commercial case opionion summary, case decided on February 17,2011, LexisNexis #0311-059

Zazzali v. Swenson (In re DBSI Inc.)

A chapter 11 trustee filed a complaint against defendants, the IRS and insiders, to recover allegedly fraudulent transfers made to the insiders and on behalf of the insiders to the IRS and state taxing authorities. Pursuant to Fed. R. Civ. P. 12(b)(6), the United States filed an amended motion to dismiss those counts seeking to recover transfers made to the IRS under 11 U.S.C.S. § 544(b)(1), applying Idaho fraudulent transfer statutes.
Ruling: 
Sovereign immunity does not apply to prevent state law fraudulent transfer proceedings against IRS.
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Commercial case opionion summary, case decided on February 11,2011, LexisNexis #0411-016

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