In re LichtinWade LLC
Dec
18
2012
Ruling
Votes cast in favor of plan by nonstatutory insider of debtor would not be counted.
Procedural posture
Debtor limited liability company ("LLC") filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. The debtor proposed a plan for reorganizing its business, and a secured creditor asked the court to disallow votes that were cast in favor of the plan by another creditor. The court held a hearing on the creditor's motion.
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Court
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In re LichtinWade LLC
Dec
17
2012
Ruling
Creditor's vote against debtor's plan could not be disallowed absent evidence of alleged bad faith.
Procedural posture
Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. A secured creditor filed an objection to a chapter 11 bankruptcy plan the debtor proposed, and the debtor filed a motion which asked the court to disallow all votes the creditor cast against the debtor's plan, pursuant to 11 U.S.C.S. § 1126(e). The court held a hearing on the debtor's motion.
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Court
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In re CDKP Dev. Inc.
Nov
30
2012
Ruling
Debtor's motion for sale free and clear of liens denied where satisfaction could not be compelled.
Procedural posture
A chapter 11 debtor filed an emergency motion for approval of a private sale and an emergency motion to sell property free and clear of liens under 11 U.S.C.S. § 363(f).
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Court
:
- 11 U.S.C.
In re Hall
Nov
14
2012
Ruling
Repossession of vehicles belonging to debtor's company with permission from trustee did not violate stay.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and asked the court to impose sanctions under 11 U.S.C.S. § 362 on a creditor that repossessed tractors and trailers the creditor leased to a company the debtor owned. The court held a hearing on the debtor's motion.
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Court
:
- 11 U.S.C.
Sparkman v. Martin Marietta Materials Inc. (In re Mainline Contr. Inc.)
Oct
23
2012
Ruling
Phone calls and emails prior to payments did not remove transfers from ordinary course of business exception.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant vendor, seeking a determination, inter alia, that payments a contracting company ("debtor") made to the vendor within the 90-day period that preceded the date the debtor declared bankruptcy were preferential transfers that could be avoided under 11 U.S.C.S. § 547. The parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Perry
Oct
09
2012
Ruling
Debtor authorized to surrender real property to creditor mortgagee if foreclosure was not commenced within 60 days.
Procedural posture
Debtor filed a motion for an order approving surrender of her real property to creditor mortgagee and to modify her chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Construction Supervision Servs. Inc.
Oct
01
2012
Ruling
Objections to debtor's disclosure statement sustained due to failure to supply adequate information.
Procedural posture
Before the court was a disclosure statement filed by a chapter 11 debtor and the debtor's supplement to the disclosure statement. Creditors filed objections to the debtor's disclosure statement on the ground that it failed to provide enough adequate information as required by 11 U.S.C.S. § 1125.
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Court
:
- 11 U.S.C.
In re Construction Supervision Servs.
Sep
26
2012
Ruling
Creditor sanctioned for dispatching third party to disable debtor's fuel pumps in violation of stay.
Procedural posture
Pending before the court was debtor's Motion to hold a creditor in contempt of court for violation of the automatic stay and the creditor's Response. The court held a hearing on the Motion and the Response.
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Court
:
- 11 U.S.C.
Marina & Yacht Club LLC v. First Bank (In re Marina)
Sep
10
2012
Ruling
Modification denied as moot due to substantial consummation of plan.
Procedural posture
Plaintiff chapter 11 debtor, a marina and yacht club, filed an adversary proceeding against defendants, a bank and an individual, seeking an order enjoining defendants from selling property the debtor owned in a foreclosure proceeding. The court held a hearing on the debtor's request for a preliminary and a permanent injunction.
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Court
:
- 11 U.S.C.
In re LichtinWade LLC
Aug
28
2012
Ruling
Extension of exclusivity period granted in best interests of debtor and creditors.
Procedural posture
A bankruptcy debtor which owned developed and undeveloped commercial properties sought to extend the periods under 11 U.S.C.S. § 1121 in which the debtor exclusively could propose a plan of reorganization and solicit votes for acceptance of the plan. The debtor moved to extend the exclusivity periods for cause, and the debtor's primary creditor secured by the debtor's properties moved to terminate the exclusivity periods.
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Court
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