Judge Gomez

In re Equivest St. Thomas Inc. v. HS Holdings Inc.

Plaintiff resort guests filed a negligence action against defendant debtor as well as against other parties. The debtor, the alleged owner of the resort, had sought relief under the Bankruptcy Code. Plaintiffs filed a motion for relief from the automatic stay provision of the Bankruptcy Code pursuant to 11 U.S.C.S. § 362(d).
Ruling: 
Relief from stay to allow creditors to pursue negligence action against debtor resort denied.
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Commercial case opionion summary, case decided on August 04,2008, LexisNexis #0908-003

Townsend v. HS Holdings Inc. (In re Equivest St. Thomas Inc.)

Plaintiff resort guests filed a negligence action against defendant debtor as well as against other parties. The debtor, the alleged owner of the resort, had sought relief under the Bankruptcy Code. Plaintiffs filed a motion for relief from the automatic stay provision of the Bankruptcy Code pursuant to 11 U.S.C.S. § 362(d).
Ruling: 
Relief from stay to allow negligence action to proceed denied as inappropriately filed in district court.
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Commercial case opionion summary, case decided on August 04,2008, LexisNexis #0808-110

In re Prosser

Under 11 U.S.C.S. § 1112(b), the bankruptcy division converted a debtor's voluntary chapter 11 petition to a chapter 7 liquidation. It denied the debtor's motion for reconsideration. The debtor appealed.
Ruling: 
Case properly converted to chapter 7 in absence of liklihood of rehabilitation and lack of cooperation from debtor and non-debtor spouse.
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Consumer case opionion summary, case decided on June 06,2008, LexisNexis #0708-052

In re Innovative Commun. Co. LLC

In chapter 11 bankruptcy proceedings, the Bankruptcy Division of the U.S. District Court for the District of the Virgin Islands ruled that a settlement agreement between the debtors and certain creditors was not assumable because it was not executory under 11 U.S.C.S. § 365. One debtor appealed.
Ruling: 
Contract containing conditions rather than duties was not executory and not assumable.
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Commercial case opionion summary, case decided on June 02,2008, LexisNexis #0708-005
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