Skip to main content

Page Banner(Taxonomy)

judge sloviter

Crdit Agricole Corp. v American Home Mortg. Holdings Inc. (In re American Home Mortg. Holdings Inc.)

Feb
16
2011
Ruling
Claims based on repurchase agreements disallowed where market value on acceleration date exceeded repurchase price.
Procedural posture

Pursuant to a repurchase contract, creditor, a purchaser, filed four identical proofs of claim against debtor for an amount that exceeded the total repurchase price. One year later, the chapter 11 debtor filed its objections to the claims, seeking either to disallow or reduce them pursuant to 11 U.S.C.S. § 562. The U. S. Bankruptcy Court for the District of Delaware sustained the objections and ordered the repurchase claims expunged.

ABI Membership is required to access the full summary of Crdit Agricole Corp. v American Home Mortg. Holdings Inc. (In re American Home Mortg. Holdings Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 16, 2011 , LexisNexis #0311-023
LexisNexis Article
Learn More

Shubert v. Lucent Techs. Inc. (In re Winstar Communs. Inc.)

Feb
03
2009
Ruling
Bankruptcy court properly held that debtor's primary supplier was a non-statutory insider allowing for avoidance of transaction within one-year prior to petition date.
Procedural posture

Appellant creditor sought review of a decision from the United States District Court for the District of Delaware, which affirmed a bankruptcy court decision holding, among other things, that the trustee was entitled to recover approximately $ 188 million from the creditor under 11 U.S.C.S. § 550(a) as an avoidable preference payment.

ABI Membership is required to access the full summary of Shubert v. Lucent Techs. Inc. (In re Winstar Communs. Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 03, 2009 , LexisNexis #0309-067
LexisNexis Article
Learn More

In re Mystic Tank Lines Corp.

Oct
16
2008
Ruling
Default judgment for environmental clean-up after debtor caused a gasoline leak was within police powers exception to stay.
Procedural posture

Appellant debtor, a gasoline shipper, challenged a judgment of the United States District Court for the District of New Jersey, affirming the bankruptcy court's allowance of a claim by appellee the State of New York based on damages for the clean-up of soil and groundwater contaminated with petroleum products caused by a leak at a gas station that was traced to a delivery of gasoline by the debtor.

ABI Membership is required to access the full summary of In re Mystic Tank Lines Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 16, 2008 , LexisNexis #1108-060
LexisNexis Article
Learn More

Singer v. Kimberly Clark Corp. (In re American Pad & Paper Co.)

Mar
02
2007
Ruling
Avoidance proceedings filed by trustee appointed more than two years after order for relief were untimely.
Procedural posture

Appellant chapter 7 trustee filed actions in debtors'bankruptcy proceedings to avoid preferences. The bankruptcy court dismissed the actions as untimely under 11 U.S.C. § 546(a), the District Court for the District of Delaware affirmed. The trustee appealed.

ABI Membership is required to access the full summary of Singer v. Kimberly Clark Corp. (In re American Pad & Paper Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 02, 2007 , LexisNexis #0407-024
LexisNexis Article
Learn More
Subscribe to %1