- 28 U.S.C.
Dollar Tree Stores Inc. v. Bayless Inv. & Trading Co. (In re Factory 2-U Stores Inc.)
Aug
20
2010
Ruling
Bankruptcy court lacked jurisdiction over dispute between landlord and assignee of debtor's assumed lease.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re DBSI Inc.
May
12
2010
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.
Procedural posture
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.
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Court
:
In re HSF Holding Inc.
Jan
13
2010
Ruling
Abandonment of spare main engine for ferry vessel to principal creditor approved over objection of official committee of unsecured creditors.
Procedural posture
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.
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Court
:
- 28 U.S.C.
Republic Underwriters Ins. Co. v. DBSI Republic LLC (In re DBSI Inc.)
Aug
10
2009
Ruling
Proceeding concerning debtor's ability to assign sublease was a core proceeding of which abstention was denied.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re DBSI Inc.
May
28
2009
Ruling
Assumption and assignment of commercial sublease denied absent adequate assurance of future performance.
Procedural posture
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.
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Court
:
- 28 U.S.C.
In re GWLS Holdings Inc.
Feb
23
2009
Ruling
Credit bid sale allowed free and clear of liens.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Joyce
Jan
06
2009
Ruling
Expungement of debtor's bankruptcy allegedly filed as a result of identity theft denied.
Procedural posture
Movant debtor filed a voluntary petition for chapter 7 bankruptcy relief and received a discharge. The debtor moved to vacate his bankruptcy filing.
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Court
:
In re Nutritional Sourcing Corp.
Dec
23
2008
Ruling
Confirmation denied due to definition of "trade creditors" differing from that in mirror loan notes issued in prior reorganization.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re NVF Co.
Sep
26
2008
Ruling
Claim for utility charges and city property taxes on abandoned property allowed.
Procedural posture
The creditor city and city utility filed a claim in the debtors'chapter 11 bankruptcy case for past due utility charges and property taxes. The debtors and the general unsecured creditors plan trustee moved to disallow, reduce, or reclassify the claims after the property upon which the taxes were assessed was abandoned. The creditors opposed the motion.
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Court
:
- 11 U.S.C.
Claybrook v. Metro Auto Xpress LLC (In re American Remanufacturers Inc.)
Jul
25
2008
Ruling
Setoffs in favor of creditor on purchase and sale of auto parts were not transfers and not avoidable.
Procedural posture
Chapter 7 trustee filed a complaint against defendant customer seeking avoidance of preferential transfers under 11 U.S.C.S. § 547, avoidance of constructive fraudulent transfers under 11 U.S.C.S. § 548, avoidance of impermissible postpetition transfers under 11 U.S.C.S. § 549, recovery of avoided transfers under 11 U.S.C.S. § 550. The customer sought dismissal of these counts under Fed. R. Civ. P. 12(b)(6).
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Court
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