Judge Walsh

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

Defendants filed a motion to dismiss plaintiff Chapter 7 trustee's complaint for damages, which alleged breach of contract, quantum meruit, and turnover of estate property, all based on vendor agreements between defendants and the debtors.
Ruling: 
Trustee could reopen case to pursue receivables due debtor.
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Commercial case opionion summary, case decided on December 08,2010, LexisNexis #0111-023

In re Nextmedia Group Inc.

Debtors, a communications company and affiliated businesses, filed voluntary petitions under chapter 11, and claimant, a communications company that entered into an agreement with one of the debtors, filed an unsecured claim against that debtor's bankruptcy estate. The debtor filed an objection to the claim.
Ruling: 
Claim disallowed where creditor failed to timely provide schedule required by prepetition asset purchase agreement.
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Commercial case opionion summary, case decided on November 05,2010, LexisNexis #1210-009

Dollar Tree Stores Inc. v. Bayless Inv. & Trading Co. (In re Factory 2-U Stores Inc.)

Plaintiff tenant, an assignee of a lease from a chapter 7 debtor, filed a complaint for a declaratory judgment against defendant landlord to resolve the contractual rights and duties of the parties. The landlord filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction under 28 U.S.C.S. § 1334. In the alternative, the landlord requested the court to abstain from the matter pursuant to § 1334(c)(1).
Ruling: 
Bankruptcy court lacked jurisdiction over dispute between landlord and assignee of debtor's assumed lease.
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Commercial case opionion summary, case decided on August 20,2010, LexisNexis #0910-070

In re DBSI Inc.

A bank, as Indenture Trustee, brought four motions. Three of the motions sought entry of orders, pursuant to 11 U.S.C.S. § 362, lifting the stay to allow the bank to foreclose on its alleged collateral and exercise state law remedies. The remaining motion sought a declaratory judgment that the bank's actions as to seizure of funds in certain accounts did not violate the stay. The Trustee and Official Committee of Unsecured Creditors objected.
Ruling: 
Relief from stay to foreclose denied where creditor had not shown that it had a valid perfected lien or a statutory lien and had not sought relief in an adversary proceeding.
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Commercial case opionion summary, case decided on May 12,2010, LexisNexis #0710-043

In re HSF Holding Inc.

The debtors moved, pursuant to 11 U.S.C.S. §§ 105(a) and 554(a), for entry of an order approving abandonment of the debtors' estates' interests in a spare main engine for a ferrying vessel, which would be abandoned to the principal creditor. The official committee of unsecured creditors opposed the motion, arguing the spare engine should remain an asset of the debtors' estate.
Ruling: 
Abandonment of spare main engine for ferry vessel to principal creditor approved over objection of official committee of unsecured creditors.
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Commercial case opionion summary, case decided on January 13,2010, LexisNexis #0210-071

Republic Underwriters Ins. Co. v. DBSI Republic LLC (In re DBSI Inc.)

Plaintiff sublessee of commercial property brought actions in state court against defendant owners of the property seeking a declaration that rejection of a master lease of the property by a bankruptcy debtor terminated the sublease of the sublessee and precluded the debtor's assignment of the sublease to the owners. The actions were removed to bankruptcy court, and the sublessee moved for remand or abstention, and for a preliminary injunction.
Ruling: 
Proceeding concerning debtor's ability to assign sublease was a core proceeding of which abstention was denied.
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Commercial case opionion summary, case decided on August 10,2009, LexisNexis #0909-060

In re DBSI Inc.

Pursuant to 11 U.S.C.S. § 365(b)(1), a chapter 11 debtor moved to assume and assign the lease of a commercial office building to the group of tenant-in-common owners. The sublessee objected to the assumption and assignment.
Ruling: 
Assumption and assignment of commercial sublease denied absent adequate assurance of future performance.
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Commercial case opionion summary, case decided on May 28,2009, LexisNexis #0709-048

In re GWLS Holdings Inc.

The bankruptcy court authorized a credit bid sale of substantially all of the chapter 11 debtors' assets. The sale order stipulated that the purchased assets remained subject to a lien in favor of the first lien lenders, pending further order as to whether such claim could be credit bid and whether the debtors' assets could be sold free and clear of such lien. The parties submitted supplemental memoranda.
Ruling: 
Credit bid sale allowed free and clear of liens.
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Commercial case opionion summary, case decided on February 23,2009, LexisNexis #0409-096

In re Joyce

Movant debtor filed a voluntary petition for chapter 7 bankruptcy relief and received a discharge. The debtor moved to vacate his bankruptcy filing.
Ruling: 
Expungement of debtor's bankruptcy allegedly filed as a result of identity theft denied.
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Consumer case opionion summary, case decided on January 06,2009, LexisNexis #0209-023

In re Nutritional Sourcing Corp.

Debtors, a parent and two subsidiary corporations, and the Official Committee of Unsecured Creditors supported the confirmation of the debtors' joint chapter 11 plan of liquidation. A number of parties filed objections to the plan.
Ruling: 
Confirmation denied due to definition of "trade creditors" differing from that in mirror loan notes issued in prior reorganization.
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Commercial case opionion summary, case decided on December 23,2008, LexisNexis #0209-053

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