Hope v. Acorn Fin. Inc.
Sep
26
2013
Ruling
Trustee could not pursue postconfirmation avoidance of security interest to which it had not previously objected.
Issue(s)
Whether a confirmed chapter 13 plan which gave a creditor a secured position was binding on the trustee who, aware of defects in that creditor's security interest, did not assert any objections to, and affirmatively recommended confirmation of, the plan.
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Court
:
Judge or Jurisdiction information not available
In re W.R. Grace & Co.
Sep
04
2013
Ruling
Plan that channeled asbestos claims of State of Montana and Canada to personal injury and property damage trusts was not discriminatory.
Issue(s)
Whether the U.S. District Court for the District of Delaware erred when it affirmed a bankruptcy court's decision confirming a chapter 11 bankruptcy plan that established a personal injury trust and a property damage trust, pursuant to 11 U.S.C.S. § 524(g), to resolve asbestos-related claims, and required that the State of Montana and Her Majesty Queen Elizabeth II in Right of Canada (the "Crown") submit claims they had against a corporation and related businesses ("debtors") to the trusts.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Majestic Star Casino LLC v. Barden Dev. Inc. (In re Majestic Star Casino LLC)
May
21
2013
Ruling
Debtor lacked standing to avoid parent's revocation of S-Corp status and debtor's Qsub status.
Procedural posture
The U.S. Bankruptcy Court for the District of Delaware granted appellee debtors summary judgment against appellants, the debtor's parent, its sole shareholder, and the IRS, on the debtors' adversary complaint under 11 U.S.C.S. §§ 362, 549, 550, to avoid the parent's revocation of its "S-corp" status (which in turn revoked the debtors' "QSub" status) as a postpetition transfer. The appeal by appellants was certified for direct appeal.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Global Indus. Techs.
May
04
2011
Ruling
Confirmation vacated where debtor's insurers were erroneously found to lack standing to object to plan including mass tort trust and injunction.
Procedural posture
The bankruptcy court confirmed a plan that included a mass tort trust and injunction and that debtors' insurers had no standing to object. The United States District Court for the Western District of Pennsylvania affirmed. The insurers appealed.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Atlas v. Chrysler LLC
Dec
08
2009
Ruling
Products liability action transferred to district court where defendant's bankruptcy case was pending.
Procedural posture
Plaintiff, individually, and as administratrix of the deceased's estate, sued defendant car maker and several component parts manufacturers, alleging theories of products liability, negligence, and breach of warranty. The car maker and manufacturer A had filed for bankruptcy in the Southern District of New York. Pursuant to 28 U.S.C.S. § 157(b)(5), manufacturer B moved to transfer venue, and the administratrix moved to remand or to abstain.
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Court
:
- 11 U.S.C.
Barner v. Saxon Mortg. Servs.
Sep
30
2008
Ruling
Pre-BAPCPA order for relief from stay affirmed as new amendments debtor sought to apply were not retroactive.
Procedural posture
Appellee deed of trust owner moved for a determination that an automatic stay did not preclude foreclosure of appellant chapter 7 debtor's home. The bankruptcy court for the Southern District of Mississippi granted the motion. The debtor appealed the order.
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Court
:
- 11 U.S.C.
Dye v. Joseph (In re Dye)
Jul
28
2006
Ruling
Court affirmed dismissal order since pro se debtors did not file in good faith.
Procedural posture
Appellants, a chapter 13 debtor and his wife, filed a pro se appeal challenging an order issued by a bankruptcy court, which dismissed the debtor's bankruptcy proceedings. Appellants moved to strike the bankruptcy court's order. Appellee, the chapter 13 trustee, filed a motion seeking to affirm the challenged dismissal order.
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Court
:
- 11 U.S.C.
Haskell v. Goldman Sachs & Co. (In re Genesis Health Ventures Inc.)
Mar
29
2006
Ruling
Court affirmed finding that fraud claims against debtor were time barred but remanded the case for determination of whether section 1144 applied to claims against other creditors.
Procedural posture
Plaintiff former debenture holders appealed the decision of the bankruptcy court, which granted a motion to dismiss their complaint alleging that defendants, a debtor and its creditors, committed fraud or made grossly negligent misrepresentations regarding the debtor's value during the period leading up to the confirmation of its bankruptcy reorganization plan.
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Court
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