- 11 U.S.C.
Love v. Tyson Foods Inc.
Apr
04
2012
Ruling
Dismissal of EEOC and discrimination lawsuit affirmed absent evidence that plaintiff's failure to disclose rights of action in bankruptcy was inadvertent.
Procedural posture
The district court for the southern district of Mississippi granted summary judgment dismissing plaintiff truck driver's racial discrimination lawsuit against defendant employer. It held that the driver was judicially estopped from bringing his claims against the employer because he had failed to disclose them in his chapter 13 bankruptcy proceeding. The driver appealed.
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Court
:
Judge or Jurisdiction information not available
In re Hanog
Jan
30
2012
Ruling
Relief from stay granted to mortgagee that had foreclosed on debtor's former property and taken title prior to petition date.
Procedural posture
A creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d).
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Court
:
- 11 U.S.C.
Shults & Tamm v. Brown (In re Hawaiian Telcom Communs. Inc.)
Jan
30
2012
Ruling
Postpetition severance payments to debtor's former employee were avoidable as agreement was not executory, was not assumed and payments were not made in ordinary course of business.
Procedural posture
Plaintiff litigation trustee filed an adversary proceeding against defendant, a former employee of the debtors, to recover allegedly avoidable transfers. The parties filed motions for summary judgment as to the count which sought to avoid postpetition severance payments to defendant under 11 U.S.C.S. § 549.
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Court
:
- 11 U.S.C.
In re Ng
Nov
28
2011
Ruling
Case dismissed for abuse where elimination of unnecessary expensed would free up funds that could be used to pay unsecured creditors.
Procedural posture
Movant, the U.S. Trustee (UST), asked the court to dismiss the bankruptcy filing by debtors, a married couple who filed a chapter 7 case, on the ground of abuse under 11 U.S.C.S. § 707(b)(3)(B).
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Court
:
- 11 U.S.C.
Shults & Tamm ALC v. Ruley (In re Hawaiian Telcom Communs. Inc.)
Nov
21
2011
Ruling
Avoidance claims were time-barred as assignment to litigation trustee did not trigger equitable tolling.
Procedural posture
A litigation trustee filed an adversary proceeding seeking to recover avoidable transfers pursuant to 11 U.S.C.S. §§ 547, 548, and 549. Defendant, a provider of global relocation services (provider), filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
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Court
:
- FRBP
In re Parsons
Nov
18
2011
Ruling
Trustee's settlement of claims on which debtor was unlikely to prevail approved.
Procedural posture
A chapter 7 trustee filed a motion for authority to settle the debtors' pre- petition claims against a creditor and its principal and to settle the creditor's claims against the estate. The debtors objected to the proposed settlement.
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Court
:
- FRBP
In re Parsons
Nov
18
2011
Ruling
Trustee's settlement of debtor's claims against creditor and its president approved.
Procedural posture
A chapter 7 trustee filed a motion for authority to settle the debtors' claims against a creditor and its president and to settle the creditor's claims against the estate.
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Court
:
- 11 U.S.C.
Herzog v. Zyen LLC (In re Xyience Inc.)
Oct
28
2011
Ruling
Sanctions assessed against alleged preferential transferees due to willful bad faith discovery behavior.
Procedural posture
In an adversary complaint filed by plaintiff, a chapter 11 trustee, to recover allegedly avoidable preferential and fraudulent transfers and for damages claimed to have been caused by defendant "lenders," plaintiff sought sanctions per Fed. R. Civ. P. 37 based on defendants' failure to impose a protective "discovery hold" on business documents relating to defendants' dealings with debtor and for their admitted erasure of electronic documents.
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Court
:
- 11 U.S.C.
Pearl Musical Instrument Co. v. Gavigan (In re Gavigan)
Oct
14
2011
Ruling
Discharge denied due to false statements and omissions made with fraudulent intent.
Procedural posture
Creditor sought summary judgment to deny chapter 7 debtor's discharge based on violations of 11 U.S.C.S. § 727.
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Court
:
In re R.G. & C. Auto
Oct
06
2011
Ruling
Confirmation denied where plan lacked reasonable probability of payment and would likely be followed by liquidation.
Procedural posture
The creditor in a consolidated chapter 11 bankruptcy case objected to confirmation of the proposed plan.
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Court
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