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JELD-WEN Inc. v. Van Brunt (In re Grossmans Inc.)

Jun
09
2008
Ruling
Asbestos claims arising ten years after debtor's option was confirmed was not enjoined by plan.
Procedural posture

Debtors commenced an adversary proceeding against husband and wife creditors. The complaint sought declaratory and injunctive relief permanently enjoining the creditors from prosecuting their state court personal injury claims arising from asbestos exposure. The debtors also requested an award of damages.

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Commercial opinion summary, case decided on June 09, 2008 , LexisNexis #0708-061
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In re TWA Inc. Post Confirmation Esate

Sep
21
2007
Ruling
Bankruptcy court had jurisdiction over employee's motion to compel purchaser of debtor's assets to pay workers'compensation benefits.
Procedural posture

An employee of the debtor filed a motion to compel the purchaser of the debtor's assets (successor in interest) to pay workers'compensation benefits. The successor in interest objected to the court's subject matter jurisdiction to determine the specific amount of the compensation.

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Commercial opinion summary, case decided on September 21, 2007 , LexisNexis #1007-105
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Consolidated SWINC Estate v. Ace USA Inc. (In re Stone & Webster Inc.)

May
04
2007
Ruling
Prepetition insurance dispute was non-core.
Procedural posture

In connection with an adversary proceeding filed against it by plaintiffs, successors-in-interest to two chapter 11 debtors, defendant insurer asked the court for a determination that the proceeding was a non-core proceeding within the meaning of 28 U.S.C. § 157.

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opinion summary, case decided on May 04, 2007 , LexisNexis #0607-070
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Claybrook v. Consolidated Foods Inc. (In re Bake-Line Group LLC)

Feb
05
2007
Ruling
Transfer of funds from check erroneously deposited by debtor to proper unrelated entity was not preferential.
Procedural posture

Plaintiff, the chapter 7 trustee, brought an action alleging a preferential prepetition transfer under 11 U.S.C. § 547(b) had been made by debtor to defendant, a party unrelated to the bankruptcy proceedings, in the amount of $139,208.24. The parties filed cross-motions for summary judgment.

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opinion summary, case decided on February 05, 2007 , LexisNexis #0307-064
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In re Zandford

Jul
18
2006
Ruling
Claim based on civil judgment for securities law violations was nondischargeable whether or not allowed.
Procedural posture

The debtor filed a petition to disallow a proof of claim filed by the Securities and Exchange Commission ("SEC"). The proof of claim was based on a civil judgment (requiring disgorgement) following a criminal conviction of the debtor for securities law violations. The debtor argued that under the Debt Collection Improvement Act of 1996, 31 U.S.C. § 3701 et seq., the SEC had no standing to assert the claim.

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opinion summary, case decided on July 18, 2006 , LexisNexis #0906-128
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Alderwoods Group Inc. v. Charter Funerals Inc. (In re Loewen Group Intl Inc. )

Jul
11
2006
Ruling
Court granted motion for abstention and referral to arbitration since proceeding would not affect administration of estate and was only remotely related to bankruptcy case.
Procedural posture

Plaintiff, the reorganized successor to the debtors, moved for abstention and referral to arbitration in an adversary action against defendant purchasers for breach of contract, indemnification, breach of the implied covenant of good faith and fair dealing, common law fraud, negligent misrepresentation, unjust enrichment, and promissory estoppel.

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opinion summary, case decided on July 11, 2006 , LexisNexis #0806-035
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In re World Health Alternatives Inc.

Jul
07
2006
Ruling
Court approved settlement agreement as in within reasonable range of litigation possibilities and in interest of estate.
Procedural posture

Debtors in a chapter 11 case moved for entry of an order approving a settlement agreement among the Official Committee of Unsecured Creditors, debtors, and a prepetition lender with a first lien on all of debtors'assets. The trustee opposed the motion.

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opinion summary, case decided on July 07, 2006 , LexisNexis #0806-013
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