- 11 U.S.C.
Goodman v. H.I.G. Capital LLC (In re Gulf Fleet Holdings Inc.)
Apr
01
2014
Ruling
Bankruptcy court lacked jurisdiction under Stern v. Marshall to issue final orders on trustee's avoidance claims under Bankruptcy Code and state law.
Issue(s)
Did bankruptcy court have jurisdiction to issue final orders on trustee's avoidance claims in light of Stern v. Marshall?
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Court
:
Kite v. Kite
Feb
13
2014
Ruling
Presence of non-core claims in adversary proceeding weighed in favor of abstention.
Issue(s)
Should the court abstain from hearing adversary proceeding in which state law claims predominated?
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Court
:
In re Love
Aug
30
2013
Ruling
Debtor ordered to properly serve application for settlement of personal injury cases on unsecured creditors prior to court issuing ruling.
Issue(s)
Could court rule on settlement where unsecured creditors had not been served or received a hearing .
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Court
:
- 11 U.S.C.
Childs v. Duhon (In re Duhon)
Aug
26
2013
Ruling
Misrepresentations as to use of loan proceeds on which creditor relied rendered debt nondischargeable.
Issue(s)
Did misrepresentations by debtor to creditor, with whom debtor had an intimate relationship, regarding use of loan proceeds, result in nondischargeability?
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Court
:
In re Central La. Grain Coop. Inc.
Aug
07
2013
Ruling
Safe harbor did not apply to statutory privilege not arising until bankruptcy or insolvency.
Issue(s)
Was statutory lien arising upon bankruptcy or insolvency protected from avoidance by the safe harbor provision of the Bankruptcy Code?
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Court
:
- 11 U.S.C.
In re Jag Constr. Servs.
Jul
16
2013
Ruling
Claim for tugboat rental invoices allowed in reduced amount where parties never agreed on compensation.
Procedural posture
Debtor filed for relief under chapter 11 of the Bankruptcy Code. Creditor filed a proof claim and an amended claim under 11 U.S.C.S. § 501 asserting a claim for $66,300 for invoices regarding a tugboat rental. The debtor objected to the proof of claim.
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Court
:
- 11 U.S.C.
Goodman v. Triple C Marine Salvage Inc. (In re Gulf Fleet Holdings Inc.)
Mar
12
2013
Ruling
Preference period payments for one time transaction were not made in ordinary course of business and could be avoided.
Procedural posture
In a preference action brought by chapter 11 trustee under 11 U.S.C.S. § 547 against defendant supplier, the supplier raised an ordinary course defense under § 547(c)(2).
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Court
:
- 28 U.S.C.
In re K5 Global Inc.
Jun
01
2012
Ruling
Transfer to district where related entity's bankruptcy case was pending denied.
Procedural posture
A bankruptcy debtor sought joint administration of its bankruptcy case with the case of a related entity which had a bankruptcy case pending in another district. The debtor moved to transfer the debtor's case to the district where the related entity's case was pending.
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Court
:
- 11 U.S.C.
Granger v. Kerry (In re Kerry)
May
22
2012
Ruling
Theft by debtor's former spouse could not be imputed to debtor.
Procedural posture
The former employer of debtor's former wife and the employer's principal filed a petition to determine the dischargeability of a debt, alleging that its claim was non-dischargeable under 11 U.S.C.S. § 523(a)(4).
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Court
:
In re Vance
Mar
12
2012
Ruling
Relief from stay granted to allow creditors to pursue pending state court action, but not recovery.
Procedural posture
Two creditors, a decedent's estate and a broadcasting corporation who each had claims against the chapter 13 debtor in state court, filed a joint motion to lift the automatic stay to allow the state litigation to proceed.
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Court
: