Judge Huennekens

Carter v. Brooms (In re Brooms)

Plaintiff, a purported assignee of a pre-bankruptcy judgment against defendant chapter 7 debtor, filed a complaint alleging that the debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(19). At a status conference, the court raised the issues of whether the assignee was the real party in interest and whether the original judgment creditor retained any interest in the assigned judgment so as to preclude the assignee from representing her.
Ruling: 
Nondischargeability proceeding ordered dismissed unless creditor assignee provided evidence of assignment.
ABI Membership is required to access the full summary of Carter v. Brooms (In re Brooms). 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 March 05,2010, LexisNexis #0510-090

Mondragon v. Circuit City Stores Inc. (In re Circuit City Stores Inc.)

Plaintiff, on behalf of himself and other non-union employees, filed a second amended complaint against defendant Chapter 11 debtor seeking relief for alleged violations of the Worker Adjustment and Notification Act, 29 U.S.C.S. § 2101 et seq. (WARN Act). The debtor filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), as made applicable by Fed. R. Bankr. P. 7012(b)(6).
Ruling: 
WARN Act claim against debtor employer arose prepetition and would be properly addressed by claim administration process not by adversary proceeding.
ABI Membership is required to access the full summary of Mondragon v. Circuit City Stores 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 January 07,2010, LexisNexis #0310-009

In re Circuit City Stores Inc.

Claimants submitted requests for administrative expenses under 11 U.S.C.S. § 503(b)(9) for providing goods to bankruptcy debtors within 20 days prior to the bankruptcy petition date. The debtors moved for temporary disallowance of the claims under 11 U.S.C.S. § 502(d) pending a determination of whether the claimed expenses constituted avoidable preferential transfers.
Ruling: 
Administrative expense claim for goods provided to debtor 20 days prior to petition date temporarily disallowed pending determination of avoidability.
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 January 06,2010, LexisNexis #0210-078

In re Grede Foundries Inc.

The debtor, which operated several foundries, moved to enforce, pursuant to 11 U.S.C.S. § 362, the automatic stay against the creditor utility commission, and to hold the commission in contempt. The commission opposed the motion and filed an adversary proceeding seeking partial summary judgment on the issue of its compliance with § 362.
Ruling: 
Utility commission's actions to report debtor's deficiency to city clerk violated stay.
ABI Membership is required to access the full summary of In re Grede Foundries 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 21,2009, LexisNexis #0210-041

In re Grubb

A law firm that represented debtors who declared bankruptcy under chapter 13 of the Bankruptcy Code filed an application for allowance of compensation under 11 U.S.C.S. §§ 330(a) and 503(b)(2), Fed. R. Bankr. P. 2016, and Bankr. E.D. Va. Standing Order 08-1, seeking payment of $ 2,569 in supplemental fees. The court held a hearing on the firm's application.
Ruling: 
Supplemental fees for debtor's attorneys in routine chapter 13 case denied.
ABI Membership is required to access the full summary of In re Grubb. 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 December 11,2009, LexisNexis #0110-109

Anderson v. Richards (In re Anderson)

Plaintiff debtor filed an adversary proceeding seeking to avoid a mortgage he granted to defendant creditor, his former wife, pursuant to a separation agreement as discharged. The creditor counterclaimed, asserting neither her claim nor her security interest in real property were discharged, pursuant to 11 U.S.C.S. § 523(a)(3) and (15). She moved for summary judgment on those issues.
Ruling: 
Debt owed to former spouse that was not properly scheduled was not discharged although property settlement claim was matter for abstention.
ABI Membership is required to access the full summary of Anderson v. Richards (In re Anderson). 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 December 10,2009, LexisNexis #0110-117

In re Circuit City Stores Inc.

Bankruptcy debtors which operated consumer electronics retail outlets objected to administrative expense claims filed by certain claimants, and the debtors sought authority under 11 U.S.C.S. § 558 to set off the amounts of receivables due from the claimants against the claimants' administrative expenses.
Ruling: 
Debtors allowed to setoff receivables against administrative expense claims.
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 December 03,2009, LexisNexis #0110-091

In re Circuit City Stores Inc.

Debtors filed petitions under chapter 11 of the Bankruptcy Code, and creditors filed claims against the debtors' bankruptcy estates. The debtors filed objections to a number of claims which creditors filed, contending that the claims were not eligible for treatment as administrative claims under 11 U.S.C.S. § 503(b)(9) because they did not involve "goods" within the meaning of that section. The debtors moved for partial summary judgment.
Ruling: 
Court adopted UCC definition of "goods" and "predominant purpose test" to determine if hybrid transaction was for sale of goods or services.
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 September 22,2009, LexisNexis #1109-045

Singh v. Sohail (In re Sohail)

Defendant debtor executed a promissory note in the principal amount of $ 200,000. The debtor filed a chapter 7 bankruptcy case. Plaintiff creditor timely and properly filed a proof of claim in the debtor's bankruptcy case. The creditor filed an amended complaint seeking a determination that the debt owed to the creditor was nondischargeable under 11 U.S.C.S. § 523(a).
Ruling: 
Debt was nondischargeable due to debtor's numerous false representations.
ABI Membership is required to access the full summary of Singh v. Sohail (In re Sohail). 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 June 25,2009, LexisNexis #0809-084

First Cmty. Bank v. E.M. Williams & Sons Inc. (In re E.M. Williams & Sons Inc.)

Banking association filed an adversary proceedings against a chapter 7 corporate debtor, the debtor's shareholders, officers, and directors, a Virginia general partnership, and a trustee who was appointed to represent the debtor's bankruptcy estate, seeking an order which allowed it to enforce its rights under a deed of trust.
Ruling: 
Deed of trust that was outside chain of record title to subject property was avoidable.
ABI Membership is required to access the full summary of First Cmty. Bank v. E.M. Williams & Sons Inc. (In re E.M. Williams & Sons 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 08,2009, LexisNexis #0709-054

Pages

Subscribe to Judge Huennekens