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In re Lee

May
16
2007
Ruling
Court approved settlement by which trustee abandoned debtor's interest in real estate held as tenant in common with former spouse in exchange for payment from spouse.
Procedural posture

Movant, the chapter 7 trustee, asked the court to approve a settlement that the trustee proposed to enter into with an individual who co-owned real estate with a chapter 7 debtor. The co-owner was also debtor's ex-husband. At issue was whether the proposed settlement was proper under 11 U.S.C. § 363(h).

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opinion summary, case decided on May 16, 2007 , LexisNexis #0707-059
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Meiburger v. Endeka Enters. LLC (In re Tsiaoushis)

Jan
19
2007
Ruling
Debtor LLC's operating agreement was not an executory contract and was enforceable where debtor had no duties as manager or unperformed duties as member.
Procedural posture

Plaintiff trustee filed a motion for summary judgment on his adversary complaint for a declaration that the paragraphs in an operating agreement, which provided for the automatic dissolution of defendant limited liability company ("LLC") upon a member's bankruptcy filing, were valid and fully enforceable. Defendant manager opposed the motion, asserting that the agreement was an executory contract.

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opinion summary, case decided on January 19, 2007 , LexisNexis #0307-095
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In re DeCelis

Sep
22
2006
Ruling
Trusteecould not sell property free and clear of co-owner's interest absent co-owner's affirmative consent.
Procedural posture

In an adversary proceeding, a trustee obtained a default order declaring that the transfer by defendant debtor to defendant co-owner of an interest in a house was void. After learning that the debtor and the co-owner acquired title to the subject property as tenants in common from the same grantors in a single deed, the trustee filed a motion to sell the property free and clear of the co- owner's interest pursuant to 11 U.S.C. § 363(f).

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opinion summary, case decided on September 22, 2006 , LexisNexis #1006-122
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Highgrove LC v. Holcombe (In re Holcombe)

May
18
2006
Ruling
Motion objecting to discharge rather than adversary proceeding gave notice to debtor and was sufficient to meet filing deadline.
Procedural posture

Plaintiff creditor filed an objection to the dischargeability of its debt pursuant to 11 U.S.C. § 523(a)(4) as a motion rather than as a complaint commencing an adversary proceeding. Defendant debtor sought to avoid defending the objection on its merits by having the motion dismissed as the wrong procedural method and having the complaint dismissed or stricken as untimely. The creditor filed motions to consolidate.

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opinion summary, case decided on May 18, 2006 , LexisNexis #0107-094
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