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Scott v. Family Dollar Stores Inc. (In re Family Dollar FLSA Litig.)

Oct
14
2011
Ruling
Debtors estopped from pursuing undisclosed Fair Labor Standards Act causes of action.
Procedural posture

Procedural Posture: One plaintiff employee opted into a Fair Labor Standards Act suit against defendant employer, and a second plaintiff employee sued the employer under the Act for unpaid wages. The employer moved for summary judgment.

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Commercial opinion summary, case decided on October 14, 2011 , LexisNexis #1111-020
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In re RFS Ecusta Inc.

Oct
21
2009
Ruling
Interim application for fees and costs incurred in legal representation of trustee approved as reasonable.
Procedural posture

Upon consideration of both the fifth interim fee application and the final application for confirmation and approval of all fees and expenses allowed in a substantively consolidated bankruptcy case, applicant, the law firm for the bankruptcy trustee, sought an interim payment of compensation and reimbursement for expenses advanced for the fifth interim period and final confirmation and approval of all fees and expenses in the cases.

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Commercial opinion summary, case decided on October 21, 2009 , LexisNexis #1209-067
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Surrey Inv. Servs. v. Smith

Oct
16
2009
Ruling
Debtor not entitled to credit for attorney's fees incurred between closing and reopening of case.
Procedural posture

A creditor and a chapter 7 bankruptcy trustee sought review of a decision of a bankruptcy court, which determined that appellee debtor was entitled to a credit for allowed administrative expenses pursuant to 11 U.S.C.S. § 503(b)(1)(A). The creditor had sued the debtor in state court, and the debtor had filed counterclaims, but failed to disclose this cause of action in his chapter 7 petition.

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Consumer opinion summary, case decided on October 16, 2009 , LexisNexis #1109-074
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United States Fire Ins. Co. v. Weishorn

Oct
14
2009
Ruling
Insurer of debtor's subcontractor did not have standing to contest motion to lift stay for action based on worker's injuries.
Procedural posture

Appellant insurer challenged the bankruptcy court's ruling that the insurer did not have standing to contest appellee worker's motion to lift stay, and the court's order lifting stay and modifying the injunction that was barring the worker's separate superior court claim.

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Commercial opinion summary, case decided on October 14, 2009 , LexisNexis #1209-013
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United States Fire Ins. Co. v. Weishorn

Oct
13
2009
Ruling
Bankruptcy court properly ruled that debtor's insurer lacked third party standing to object to injured worker's motion to lift stay to allow personal injury case to proceed.
Procedural posture

Appellant insurer appealed a bankruptcy court's ruling that the insurer did not have standing to contest appellee's worker's motion to lift stay, and the court's order lifting stay and modifying the injunction that was barring the worker's separate superior court claim. Appellees, unsecured creditors committee and an insurance company, also opposed the motion.

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Consumer opinion summary, case decided on October 13, 2009 , LexisNexis #1109-092
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