Skip to main content

Page Banner(Taxonomy)

judge james

In re Carolina Pediatric Eye Props. LLC

Mar
26
2015
Ruling
Case designated as single asset real estate case.
Issue(s)
Should case concerning commercial real property be designated a single asset real estate case?

ABI Membership is required to access the full summary of In re Carolina Pediatric Eye Props. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 26, 2015 , LexisNexis #0515-071
LexisNexis Article
Learn More

In re Tosh

Jan
22
2015
Ruling
Case dismissed due to debtor's inability to produce a profit and absence of reasonable likelihood of rehabilitation.
Issue(s)
Should chapter 11 case be dismissed due to the substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation, as well as the gross mismanagement of the estate?

ABI Membership is required to access the full summary of In re Tosh Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 22, 2015 , LexisNexis #0315-095
LexisNexis Article
Learn More

In re Land

Dec
17
2014
Ruling
Debtors could employee special counsel to pursue Fed. R. Civ. P. 60(b) motion in state court.
Issue(s)
Could debtor employ special counsel to handle civil action alleging fraud, breach of contract, and other causes of action and seeking to establish interests in a masonry business?

ABI Membership is required to access the full summary of In re Land Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 17, 2014 , LexisNexis #0115-037
LexisNexis Article
Learn More

In re Abbington Partners LLC

Jul
28
2014
Ruling
Case of corporate debtor dismissed as debtor was not represented by counsel and under the Corbin test.
Issue(s)
Could corporate debtor's case be dismissed due to "pro se" appearance and for cause due to bad faith and futility?

ABI Membership is required to access the full summary of In re Abbington Partners LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 28, 2014 , LexisNexis #0814-096
LexisNexis Article
Learn More

Rutledge v. Wells Fargo Bank (In re Rutledge)

May
16
2014
Ruling
Debtor could raise objection to proof of claim in an adversary proceeding against creditor.
Issue(s)
Could debtor include an objection to creditor's proof of claim in its adversary proceeding against the creditor?

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

Consumer opinion summary, case decided on May 16, 2014 , LexisNexis #0614-103
LexisNexis Article
Learn More

Sellers v. Parks

Nov
20
2007
Ruling
Avoidance of lien reversed where value of allegedly impaired exemption had been received in full from insurance proceeds.
Procedural posture

Appellant judgment creditor obtained a judicial lien against the residence of appellee bankruptcy debtors, and the bankruptcy court directed that insurance proceeds be paid to the debtors in the amount of their homestead exemption after the residence burned down. The creditor appealed the order of the Bankruptcy Court for the Western District of Louisiana which canceled the creditor's lien under 11 U.S.C. § 522(f).

ABI Membership is required to access the full summary of Sellers v. Parks Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 20, 2007 , LexisNexis #1207-099
LexisNexis Article
Learn More

Friendly Fin. Service-Eastgate Inc. v. Dorsey

Feb
22
2007
Ruling
Bankruptcy court had authority to enjoin creditor from filing adversarial proceedings following several frivolous complaints.
Procedural posture

Appellant creditor challenged a judgment of the bankruptcy court, which denied the creditor's objections to the dischargeability of debts of appellee debtor and enjoined the creditor and its affiliates from filing any complaint under 11 U.S.C. §§ 523 or 727 in the Monroe or Alexandria Divisions unless it obtains leave of the bankruptcy court.

ABI Membership is required to access the full summary of Friendly Fin. Service-Eastgate Inc. v. Dorsey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on February 22, 2007 , LexisNexis #0307-122
LexisNexis Article
Learn More
Subscribe to %1