Skip to main content

Page Banner(Taxonomy)

judge jolly

Wells Fargo Bank of Texas N.A. v. Sommers (In re Amco Ins.)

Ruling
Bankruptcy court erred in applying substantive consolidation nunc pro tunc since the court had authorized pursuit of state court litigation that it later invalidated well after the litigation had ended in a settlement.
Procedural posture

Appellant creditor appealed to the District Court for the Southern District of Texas, the bankruptcy court's order granting substantive consolidation. The district court ruled unfavorably to the creditor and the creditor appealed. The significance of the case related to the nunc pro tunc substantive consolidation of the assets and liabilities of a corporation in bankruptcy and its sole shareholder, not in bankruptcy (until afterwards).

ABI Membership is required to access the full summary of Wells Fargo Bank of Texas N.A. v. Sommers (In re Amco Ins.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 31, 2006 , LexisNexis #0406-081