In re LCI Holding Co.
Sep
14
2015
Ruling
Proceeds of the sale of debtor's property were not property of the estate and could not be distributed to creditors.
Issue(s)
Whether certain payments by a § 363 purchaser in connection with acquiring the debtors' assets should be distributed according to the Bankruptcy Code's creditor-payment hierarchy?
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Court
:
Judge or Jurisdiction information not available
In re Ruitenberg
Mar
13
2014
Ruling
Prepetition equitable distribution claim of debtor's former spouse allowed.
Issue(s)
Whether the interest of the debtor's former spouse in an equitable share of marital property pending divorce from debtor is a pre-petition "claim" against the bankruptcy estate?
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Court
:
Judge or Jurisdiction information not available
- FRBP
Miller v. Miller (In re Miller)
Sep
16
2013
Ruling
District court should have remanded case after finding bankruptcy court's sanctions order to be procedurally defective.
Issue(s)
Should district court have remanded to allow bankruptcy court to consider proper attorney sanctions after finding that original order was procedurally defective..
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Samson Energy Res. Co. v. SemCrude LP (In re SemCrude LP)
Aug
27
2013
Ruling
District court erred in denying creditors' appeal of chapter 11 plan confirmation.
Issue(s)
Did district court err in denying appeal of creditors seeking adversary proceeding on dischargeability on grounds of equitable mootness?
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Court
:
Judge or Jurisdiction information not available
In re Philadelphia Newspapers LLC
Jul
26
2012
Ruling
Bankruptcy court properly denied administrative expense claim for alleged defamation victims.
Procedural posture
Appellants, alleged defamation victims, sought review of the judgment of the United States District Court for the Eastern District of Pennsylvania affirming the Bankruptcy Court's decision to deny their requests for the allowance of administrative expense claims under 11 U.S.C.S. § 503(b) in the chapter 11 bankruptcy proceedings of debtor, a newspaper and its affiliates.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Goodys Family Clothing Inc.
Jun
29
2010
Ruling
Administrative expense claim properly allowed for unpaid postpetition rents that were actual, necessary costs and expenses of preserving the estate.
Procedural posture
Lessors of nonresidential premises to appellant bankruptcy debtors filed administrative expense claims for unpaid, postpetition rents that were actual, necessary costs and expenses of preserving the bankruptcy estates. The debtors appealed the judgment of the U.S. District Court for the District of Delaware which upheld the bankruptcy court's allowance of the claims.
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Reilly
Jul
21
2008
Ruling
Trustee could not sell debtor's personal property due to failure to timely object to debtor's claimed exemptions.
Procedural posture
Appellant chapter 7 trustee moved to sell the debtor's business equipment that she had listed as personal property on her Schedule B and listed as exempt from bankruptcy on her Schedule C. The bankruptcy court denied the motion because the trustee had not filed a timely objection to the debtor's claim of exemption. The United States District Court for the Middle District of Pennsylvania affirmed. The trustee appealed.
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Court
:
- 11 U.S.C.
In re Insilco Techs. Inc.
Mar
20
2007
Ruling
Terms of settlement agreement conceding that debts owed to non-participating lenders were allowable claims barred trustee's action for recharacterization and equitable subordination.
Procedural posture
Appellant trustee appealed from the District Court for the District of Delaware which dismissed the trustee's objections to a proof of claim. The appeal arose out of the 11 U.S.C. § 502 claim allowance process in debtor's chapter 11 bankruptcy liquidation and the question was whether the trustee could bring a recharacterization action and an equitable subordination action under 11 U.S.C. § 510(c)(1) against certain lenders.
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- FRBP
Will v. Northwestern Univ. (In re Nutraquest Inc.)
Jan
20
2006
Ruling
Court did not abuse its discretion in finding that a tort settlement met Rules requirements and state tort law.
Procedural posture
Appellant university filed a third party complaint seeking contribution from various makers of ephedra products after it was sued following the death of one of its football players. Appellee debtor, one of the makers, later filed for bankruptcy protection. The university appealed after the district court upheld the bankruptcy court's approval of a settlement between appellee and the player's estate.
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Cohen v. KB Mezzanine Fund II LP (In re SubMicron Sys. Corp.)
Jan
06
2006
Ruling
Asset sale approval was affirmed since the bankruptcy court did not err in characterizing the lenders'financing as debt rather than equity and since the lenders were allowed to credit bid the full face value of their claims against the debtor's estate.
Procedural posture
A creditors' committee in a bankruptcy case brought an adversary proceeding against appellee lenders challenging a sale under 11 U.S.C. § 363(b) of debtors' assets; appellant plan administrator was substituted for the committee. The district court withdrew the reference to the bankruptcy court and approved the sale. The administrator appealed.
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