Judge Hardiman

Slobodian v. United States IRS (In re Net Pay Solutions Inc.)

Ruling: 
Payments to IRS by debtor payroll servicer of taxes withheld from wages of clients' employees were not avoidable preferential transfers.
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Commercial case opionion summary, case decided on May 10,2016, LexisNexis #0616-021

Official Comm. of Unsecured Creditors v. CIT Grp.Bus. Credit Inc. (In re Jevic Holding Corp.)

Ruling: 
Bankruptcy court was justified in authorizing structured settlement and dismissal of chapter 11 case that excluded employees with uncontested WARN Act claims.
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Commercial case opionion summary, case decided on May 21,2015, LexisNexis #0615-083

In re Lazy Days RV Ctr. Inc.

Ruling: 
Bankruptcy court properly reopened case to resolve dispute over settlement it had previously confirmed.
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Commercial case opionion summary, case decided on July 30,2013, LexisNexis #0813-076

In re American Cartage Inc.

Chapter 7 trustee caused the reopening of the debtor's bankruptcy case, and sought approval of a settlement with another waste hauler that helped fulfill the debtor's contractual obligations. Creditor city, the purchaser of the debtor's assets, opposed the settlement on the grounds that it held claims against the other waste hauler that previously belonged to the debtor. The trustee asserted such claims remained with the estate.
Ruling: 
Contract cause of action was property of chapter 7 estate in reopened case.
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Commercial case opionion summary, case decided on December 10,2009, LexisNexis #0110-103

Brown v. JEVIC

Appellant parent company sought review of a remand order from the United States District Court for the District of New Jersey, which remanded a class action removed by the parent company to that court. The suit was filed by appellees, employees of a subsidiary in bankruptcy, alleging violation of the Millvale Dallas Airmotive Plant Jobs Loss Notification Act (known as the New Jersey WARN Act), N.J. Stat. Ann. § 34:21-1 et seq.
Ruling: 
Improper joinder of debtor subsidiary in class action against parent in violation of stay could not prevent removal by parent to federal court.
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Consumer case opionion summary, case decided on July 31,2009, LexisNexis #0909-039
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