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In re Exide Techs.

Sep
19
2008
Ruling
Bankruptcy court erred in failing to consider state contract law when denying motion to remand indemnity proceeding to state court.
Procedural posture

Appellants, a domestic company and four of its foreign affiliates (seller companies), sought review of a decision from the United States District Court for the District of Delaware, which affirmed a decision from a bankruptcy court denying their motion to remand to state court, and/or abstain from, their claims against appellees, three foreign subsidiaries (buyer companies).

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 19, 2008 , LexisNexis #1008-070
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SLW Capital LLC v. Mansaray-Ruffin (In re Mansaray-Ruffin)

Jun
24
2008
Ruling
Debtor could not invalidate lien outside of an adversary proceeding,
Procedural posture

Appellant lienholder appealed from the District Court for the Eastern District of Pennsylvania which affirmed the denial of the lienholder's motion to dismiss. At issue was whether a debtor in a chapter 13 bankruptcy case successfully invalidated a lien on her property by providing for it as an unsecured claim in her confirmed plan, without initiating an adversary proceeding as required by the Federal Rules of Bankruptcy Procedure.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 24, 2008 , LexisNexis #0708-105
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Skiba v. Laher (In re Laher)

Aug
02
2007
Ruling
Employer mandated retirement plan that constituted a trust under state law was not property of the estate.
Procedural posture

Defendant debtors appealed from a decision of the District Court for the Western District of Pennsylvania which reversed the decision of the bankruptcy court that dismissed plaintiff's chapter 7 trustee's adversary proceeding alleging that the debtors' Teacher Insurance and Annuity Association – College Retirement Equities Fund ("TIAA-CREF") retirement annuity was property of the bankruptcy estate.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 02, 2007 , LexisNexis #0807-134
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Hechinger Inv. Co. of Del. Inc. v. Universal Forest Prods. (In re Hechinger Inv. Co. of Del. Inc.)

Jun
07
2007
Ruling
Existing credit relationship does not bar contemporaneous exchange for new value defense to avoidance.
Procedural posture

Appellee chapter 11 debtor sued appellant creditor in bankruptcy court to recover alleged preferential transfers under 11 U.S.C. §§ 547 and 550. The bankruptcy court denied the creditor's spoliation motion and entered judgment in favor of the debtor. The District Court for the District of Delaware affirmed. The creditor appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on June 07, 2007 , LexisNexis #0707-032
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Scarborough v. Chase Manhattan Mortg. Corp.

Aug
28
2006
Ruling
Anti-modification provision did not preclude bifurcation of mortgage secured by income- producing rental property.
Procedural posture

Appellant debtor, during chapter 13 bankruptcy proceedings, sought under 11 U.S.C. § 506(a) to bifurcate appellee mortgage holder's claim. The bankruptcy court found that 11 U.S.C. § 1322(b)(2) precluded the debtor from bifurcating the claim, and the District Court for the Eastern District of Pennsylvania affirmed. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 28, 2006 , LexisNexis #0906-098
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