Judge Mullen

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

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.
Ruling: 
Debtors estopped from pursuing undisclosed Fair Labor Standards Act causes of action.
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Commercial case opionion summary, case decided on October 14,2011, LexisNexis #1111-020

In re RFS Ecusta Inc.

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.
Ruling: 
Interim application for fees and costs incurred in legal representation of trustee approved as reasonable.
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Commercial case opionion summary, case decided on October 21,2009, LexisNexis #1209-067

Surrey Inv. Servs. v. Smith

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.
Ruling: 
Debtor not entitled to credit for attorney's fees incurred between closing and reopening of case.
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Consumer case opionion summary, case decided on October 16,2009, LexisNexis #1109-074

United States Fire Ins. Co. v. Weishorn

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.
Ruling: 
Insurer of debtor's subcontractor did not have standing to contest motion to lift stay for action based on worker's injuries.
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Commercial case opionion summary, case decided on October 14,2009, LexisNexis #1209-013

United States Fire Ins. Co. v. Weishorn

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