In re Sea Trail Corp.
Dec
09
2011
Ruling
Application to employ debtor's long-time general counsel denied absent specified special purpose.
Procedural posture
A corporate bankruptcy debtor asserted that its longtime counsel properly represented the debtor in prior matters involving corporate, employee, labor, and other general business matters pertaining to the daily operation of the debtor. The debtor moved for approval to employ counsel as special counsel to the debtor pursuant to 11 U.S.C.S. § 327(e).
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Court
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In re Zephyr Land Holdings LLC
Nov
03
2011
Ruling
Confirmation denied due to lack of qualifying accepting impaired class for cramdown.
Procedural posture
The court held hearings on the confirmation of the debtor's chapter 11 plan. A creditor objected to the confirmation, in part because the debtor did not have a qualifying accepting impaired class to proceed to cram down under 11 U.S.C.S. § 1129(b).
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Court
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In re Burton
Nov
03
2011
Ruling
Debtor granted permission to open chapter 7 case to amend schedules to list personal injury action.
Procedural posture
Debtor filed a motion to reopen his chapter 7 case pursuant to 11 U.S.C.S. § 350(b) and to amend his schedules pursuant to Fed. R. Bankr. P. 9006(b)(1) in order to list a personal injury claim.
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Court
:
- 11 U.S.C.
In re Croatan Surf Club LLC
Oct
25
2011
Ruling
First lien creditor could not vote subordinated debt on plan despite terms of subordination agreement with second lien creditor.
Procedural posture
Creditors secured by a bankruptcy debtor's condominium building entered into an agreement which subordinated a second lien creditor's security interest to a first lien creditor's interest, and provided that the first lien creditor could vote the subordinate debt in the event of the debtor's bankruptcy. Both the first and second lien creditors voted the subordinate debt, and the first lien creditor moved for authority to vote the subordinate debt.
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Court
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BKDean Props. LLC v. Royal Bank Am. (In re Croatan Surf Club LLC)
Aug
10
2011
Ruling
Debtor LLC could not remove cases filed by creditor in state court against guarantors of LLC's construction financing.
Procedural posture
Plaintiff bank filed multiple actions in the Court of Common Pleas for Montgomery County, Pennsylvania, seeking order which required defendant guarantors to pay a debt that was owed by an LLC that declared chapter 11 bankruptcy. The LLC removed the cases to the bankruptcy court, pursuant to 28 U.S.C.S. § 1452(a), the bank filed motions to strike the LLC's notices of removal or, in the alternative, to remand the cases to state court.
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Court
:
- 11 U.S.C.
In re Murray
May
24
2011
Ruling
Rents were property of the estate despite collateral assignment so that debtor could use rents as cash collateral.
Procedural posture
The chapter 11 debtors filed a motion for an order allowing them to use cash collateral pursuant to 11 U.S.C.S. § 363 and allowing a creditor's request for adequate protection. An objection was filed by the creditor.
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Court
:
- 11 U.S.C.
Garris v. Chase Bank USA (In re Garris)
May
17
2011
Ruling
Default motions treated as objections to proof of claim based on discharged debt and were sustained.
Procedural posture
Plaintiff chapter 13 debtor filed a motions for entry of default and judgment by default in his adversary proceeding against defendant creditor.
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Court
:
- 11 U.S.C.
In re Greg Adams Enters. Inc.
May
02
2011
Ruling
Creditor sublessor's motion to dismiss or convert chapter 11 case denied where debtor negotiated direct lease with prime lessor to provide premises for reorganization.
Procedural posture
A creditor filed a motion to dismiss or convert a Chapter 11 debtor's case for cause pursuant to 11 U.S.C.S. § 1112(b)(1) and (4)(A).
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Court
:
- 11 U.S.C.
In re Harvest Oaks Drive Assocs. LLC
Apr
30
2011
Ruling
Cash collateral order granted to debtor shopping center owner and operator over creditor's objection.
Procedural posture
Pursuant to 11 U.S.C.S. § 363, petitioner debtor, which was a debtor in possession that owned and operated a shopping center, filed a motion seeking authorization to use cash collateral to fund the ongoing operations of the business. Respondent creditor, a secured lender, contested the motion. The court entered its findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re TP Inc.
Apr
21
2011
Ruling
Chapter 11 trustee appointed due to mismanagement of affairs, failure to maintain property and failure to pay quarterly fees.
Procedural posture
In a debtor's chapter 11 case, a creditor moved to appoint a trustee pursuant to 11 U.S.C.S. § 1104 or alternatively, to convert to chapter 7 pursuant to 11 U.S.C.S. § 1112. The creditor also moved for disbursement of funds. The bankruptcy administrator moved for conversion under § 1112 or for dismissal.
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Court
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