Eastern District

In re Easthaven Marina Group LLC

The debtor filed for chapter 11 bankruptcy protection. The debtor's schedules provided for a contingent and disputed unsecured claim in favor of a holding company. The schedules included two additional unsecured creditors. The holding company moved to dismiss the debtor's bankruptcy case pursuant to 11 U.S.C.S. § 1112(b)(1). The court held a hearing on the motion.
Ruling: 
Motion to dismiss denied where totality of circumstances demonstrated debtor had filed in bad faith.
ABI Membership is required to access the full summary of In re Easthaven Marina Group LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 25,2009, LexisNexis #0409-057

In re Genesis Hospice Care LLC

A chapter 11 debtor filed a motion, pursuant to Fed. R. Bankr. P. 1021(b) and 2007.2(a), for a waiver of the appointment of a patient care ombudsman (PCO) under 11 U.S.C.S. § 333. The United States Trustee (UST) objected.
Ruling: 
Debtor outpatient care business granted waiver of health care ombudsman appointment.
ABI Membership is required to access the full summary of In re Genesis Hospice Care LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 23,2009, LexisNexis #0409-073

In re Heights Subdivision LLC

A debtor filed a motion to assume an executory contract with a developer, pursuant to 11 U.S.C.S. § 365.
Ruling: 
Debtor that owned subdivision could not assume contract with developer that it had breached.
ABI Membership is required to access the full summary of In re Heights Subdivision LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 12,2009, LexisNexis #0409-114

In re Parker

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A bankruptcy administrator filed a motion to dismiss the claim for abuse, pursuant to 11 U.S.C.S. § 707(a) or (b), and filed a motion to extend the time to object to a discharge.
Ruling: 
Totality of circumstances did not require dismissal of case for abuse where debtor's scheduled expenses were reasonable and there was no evidence of excessive spending.
ABI Membership is required to access the full summary of In re Parker. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 03,2009, LexisNexis #0309-084

In re Babb

Pursuant to 11 U.S.C.S. § 363(b)(1) and Fed. R. Bankr. P. 9019(a), a chapter 7 trustee moved for approval of a compromise with the claimants on their abuse of process and malicious prosecution claims filed against the debtor in state court. The debtor objected to the claim. The bankruptcy court conducted a hearing on the motion.
Ruling: 
Compromise of abuse of process and malicious prosecution claims against debtor approved as mistrial would potentially lead to increased costs of retrial to estate.
ABI Membership is required to access the full summary of In re Babb. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 26,2009, LexisNexis #0309-060

In re American Health & Human Servs.

The debtor moved for confirmation of its chapter 11 plan. The Bankruptcy Administrator moved to convert the case to a chapter 7 case.
Ruling: 
Plan confirmation denied with prejudice and case dismissed for failure to comply with chapter 11 requirements.
ABI Membership is required to access the full summary of In re American Health & Human Servs.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 05,2009, LexisNexis #0209-125

In re Joel F. Hollowell Oil Co.

A debtor filed its petition for relief under chapter 11 of the Bankruptcy Code. The court entered a final order authorizing the debtor's use of cash collateral for its postpetition operating expenses. A company, which had a first lien security interest in all of the debtor's equipment, fixtures, inventory, and accounts receivable, filed a motion to restrict the debtor's continued use of cash collateral, under 11 U.S.C.S. § 363(e).
Ruling: 
Motion to restrict chapter 11 debtor's use of cash collateral denied.
ABI Membership is required to access the full summary of In re Joel F. Hollowell Oil Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0209-041

In re Price Funeral Home Inc.

A hearing was held to consider the final approval of a chapter 11 debtor's disclosure statement, and to consider confirmation of the debtor's plan of reorganization. A creditor with a lien on the debtor's real property objected to the statement, voted to reject the plan, and objected to confirmation. The debtor sought to have the plan confirmed pursuant to 11 U.S.C.S. § 1129(b) without the creditor's affirmative vote and over its objection.
Ruling: 
Debtor's disclosures approved over creditor's objection.
ABI Membership is required to access the full summary of In re Price Funeral Home Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0209-051

In re Graham

Debtor, an individual whose prior chapter 13 bankruptcy case (Case 1) had been pending within a year prior to the date on which the instant case (Case 2) was filed, moved to extend the 30-day automatic stay per 11 U.S.C.S. § 362(c) and also sought a turnover of property while two creditors filed motions for relief from stay.
Ruling: 
Stay extended in debtor's second chapter 13 case in one year due to demonstrated change in circumstances.
ABI Membership is required to access the full summary of In re Graham. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 18,2008, LexisNexis #0109-006

In re Rose

A chapter 11 trustee filed a motion against an original owner and an employee for turnover of and an accounting for a backhoe, truck, trailer, and other equipment and property owned by the debtor, pursuant to 11 U.S.C.S. § 542.
Ruling: 
Original owner ordered to turnover construction equipment and vehicles removed from debtor in violation of stay.
ABI Membership is required to access the full summary of In re Rose. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 02,2008, LexisNexis #1208-017

Pages

Subscribe to Eastern District