Judge Huennekens

Prunty v. Terry (In re Prunty)

Objector, the chapter 7 trustee, filed an objection to the claim in the amount of $1,487,226.78 filed by claimant creditor, the former wife of the debtor, seeking to disallow the claim in its entirety as barred by 11 U.S.C.S. § 502(d), or in the alternative, as limited by the amount of several transfers of property to creditor that were avoidable pursuant to 11 U.S.C.S. § 547(b).
Ruling: 
Claim of debtor's former spouse limited to value of interest in property that could be recovered from the spouse by trustee.
ABI Membership is required to access the full summary of Prunty v. Terry (In re Prunty). 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 15,2011, LexisNexis #0112-013

In re Acosta

A Chapter 11 debtor, a real estate broker, and two real estate agents asked the court to allow payment in full of real estate commissions in connection with the debtor's sales of real property even though the court authorized broker did not comply with the court's order under 11 U.S.C.S. § 327(a) prohibiting it from representing both the seller (the debtor) and any buyer of the two properties.
Ruling: 
Broker's commission on sale of debtor's property limited due to violation of court order prohibiting dual agency.
ABI Membership is required to access the full summary of In re Acosta. 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 May 25,2011, LexisNexis #0611-107

In re Lassiter

The Office of the United States Trustee filed a statement of presumed abuse pursuant to 11 U.S.C.S. § 704(b)(1)(A). In response, debtors filed a motion to reconvert their chapter 7 case back to a case under chapter 13.
Ruling: 
Conversion to chapter 13 under § 707(b) applies to cases converted from chapter 13.
ABI Membership is required to access the full summary of In re Lassiter. 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 May 24,2011, LexisNexis #0611-094

In re Bradby

Chapter 13 trustee objected to an exemption claimed by the debtor.
Ruling: 
Subsequent death of debtor's co-owner of property by the entireties did not change ownership status as of petition date or affect exemption.
ABI Membership is required to access the full summary of In re Bradby. 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 April 11,2011, LexisNexis #0511-052

Hubbard v. Stony Point Land Inc. (In re Stoney Point Land Inc.)

Plaintiff purchasers sought to terminate a real estate contract with defendant, a Chapter 11 debtor, and to obtain a refund of their deposit. The debtor sought an order compelling the purchasers to specifically perform their obligations under the contract.
Ruling: 
Bankruptcy appellate panel ordered specific performance of real estate contract by purchasers of debtor's property.
ABI Membership is required to access the full summary of Hubbard v. Stony Point Land Inc. (In re Stoney Point Land 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 February 24,2011, LexisNexis #0311-106

Hagan v. Lawyers Title Ins. Corp. (In re LandAmerica Fin. Group Inc.)

Plaintiff employees filed an action in the Superior Court of California, Orange County, claiming that defendant employers owed them severance benefits. The employers removed the action to the U.S. Bankruptcy Court for the Central District of California, Southern Division, and that court transferred the action to the Eastern District of Virginia. The employees filed a motion to remand.
Ruling: 
Permissive abstention appropriate for dispute involving debtor's officers and employees to which debtor was not a party.
ABI Membership is required to access the full summary of Hagan v. Lawyers Title Ins. Corp. (In re LandAmerica Fin. Group 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 January 21,2011, LexisNexis #0211-101

Circuit City Stores Inc. v. Mitsubishi Digital Elecs. Am. Inc. (In re Circuit City Stores Inc.)

Plaintiff, chapter 11 debtors and the former operators of retail electronics stores, moved for partial summary judgment as to their objection to claims of defendant creditor, one of its regular suppliers of electronic items. At issue was whether the creditor could both claim an administrative expense under 11 U.S.C.S. § 503(b)(9) and utilize the value of the same goods in a 11 U.S.C.S. § 547(c)(4) new value defense to a preference claim.
Ruling: 
Creditor could not both claim an administrative expense for value of goods and utilize the value of the goods in a new value defense to a preference claim.
ABI Membership is required to access the full summary of Circuit City Stores Inc. v. Mitsubishi Digital Elecs. Am. Inc. (In re Circuit City Stores 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 01,2010, LexisNexis #0111-019

Capital Funding & Consulting LLC v. Becker (In re Capital Funding & Consulting LLC)

Debtor-in-possession brought an adversary proceeding against defendant judgment creditors seeking to avoid the attachment of the creditors' judgment lien against real properties of the debtor under 11 U.S.C.S. § 547(b) as preferential transfers. The debtor and the creditor cross-moved for summary judgment.
Ruling: 
Lien attaching to property acquired by debtor within preference period could be avoided.
ABI Membership is required to access the full summary of Capital Funding & Consulting LLC v. Becker (In re Capital Funding & Consulting 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 October 19,2010, LexisNexis #1110-095

In re Circuit City Stores Inc.

Named claimants filed claims on behalf of themselves and unnamed claimants, seeking recovery of money they alleged that debtors, affiliated corporations that declared Chapter 11 bankruptcy, owed former employees. The named claimants filed a motion which asked the court to apply Fed. R. Bankr. P. 7023 to their class proofs of claim pursuant to Fed. R. Bankr. P. 9014(c), and the debtors filed an objection to the motion.
Ruling: 
Class proofs of claim denied absent proper authorization from court.
ABI Membership is required to access the full summary of In re Circuit City Stores 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 May 28,2010, LexisNexis #0910-032

In re Circuit City Stores Inc.

Debtors in possession (DIPs), electronics retailers, moved for summary judgment on objections to reclamation claims asserted by respondents, creditors who claimed to have supplied products to DIPs within the 45-day period prior to the filing of the chapter 11 case. At issue was whether the creditors, by filing reclamation claims under 11 U.S.C.S. § 546(c), possessed claims that were either secured or entitled to priority under § 546(c).
Ruling: 
Right of reclamation extended only to goods provided to debtor, not to proceeds.
ABI Membership is required to access the full summary of In re Circuit City Stores 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 March 05,2010, LexisNexis #0510-095

Pages

Subscribe to Judge Huennekens