Morton v. Kievit (In re Vallecito Gas LLC)
Jul
19
2011
Ruling
Postpetition assignments of overriding royalty interests in oil and gas leases could be recovered provided amounts paid by assignees were refunded.
Procedural posture
Chapter 11 trustee filed an adversary proceeding against defendants, individuals and entities that purchased overriding royalty interests ("ORRIs") in an oil and gas lease that was located on Navajo Nation land, seeking a determination that the ORRIs were void or voidable and could be recovered for a gas company's bankruptcy estate pursuant to 11 U.S.C.S. §§ 362, 549, and 550.
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Court
:
- 11 U.S.C.
Ward Family Fund v. Arnette (In re Arnette)
Jun
07
2011
Ruling
Debt to investor was nondischargeable due to debtor's false representations regarding experience and use of funds.
Procedural posture
In this adversary proceeding, plaintiff investor sought to liquidate its claim against the debtor and have its claim determined to be nondischargeable under 11 U.S.C.S. § 523 in the bankruptcy case.
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Court
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Faulkner v. Wyndham Jade LLC (in re Home Interiors & Gifts Inc.)
Mar
24
2011
Ruling
Check issued prior to petition date for prepetition invoices, which cleared after petition date, could be avoided.
Procedural posture
Plaintiff creditor trust trustee filed an amended complaint against defendant creditor seeking to avoid a transfer and recover the same from the creditor pursuant to 11 U.S.C.S. §§ 549 and 550.
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Court
:
Posey v. Kinkaid (In re Kinkaid)
Feb
18
2011
Ruling
Divorce decree did not extinguish prior lien on debtor's property or entitle former spouse holding second lien to equitable subordination of the prior lien.
Procedural posture
Plaintiff creditor objected to (i) dischargeability of her debt, and (ii) defendant debtor receiving a discharge in the underlying bankruptcy. Also, the creditor sought a determination that her lien on certain real property owned by debtor was the first lien. Alternatively, to the extent that the court concluded that defendants' lien on that property was the senior lien, she sought subordination under 11 U.S.C.S. § 510(c). A trial was held.
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Court
:
- 28 U.S.C.
Kimpel v. Meyrowitz (In re Meyrowitz)
Dec
20
2010
Ruling
Bankruptcy court abstained from hearing contract and fraud based action against debtor despite having "related to" jurisdiction.
Procedural posture
Defendants, a company allegedly owned by debtor's brother and a non- debtor individual, moved to dismiss plaintiffs' complaint, alleging that plaintiffs went into business with the debtor and the individual and that defendants failed to perform in accordance with their alleged agreements, converted cash and other items, and engaged in various conspiracies and other fraudulent conduct. The individual also sought abstention in the alternative.
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Court
:
In re Briggs-Cockerman LLC
Nov
23
2010
Ruling
Case dismissed for bad faith where debtor owned 100 percent of membership interests in debtor in another case and no "hard" assets.
Procedural posture
A chapter 11 trustee in another chapter 11 case filed a motion to dismiss the instant chapter 11 case pursuant to 11 U.S.C.S. § 1112(b).
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Court
:
- 11 U.S.C.
In re Oceanaire Tex. Rest. Co. LP
Apr
29
2010
Ruling
Debtor restaurant's plan confirmed as in best interests of estate, creditors and equity interest holders.
Procedural posture
The court conducted a hearing to consider the confirmation of the First Amended Joint Plan of Reorganization Proposed by the Debtors and Official Committee of Unsecured Creditors Under Chapter 11 of the United States Bankruptcy Code.
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Court
:
- 28 U.S.C.
Kollmeyer v. Aetna Life Ins. Co. (In re Heritage Southwest Med. Group PA)
Feb
09
2010
Ruling
Remand warranted where state law insurance action involved only non-debtor parties.
Procedural posture
Plaintiff providers filed a complaint against defendant insurer asserting state law claims. The debtor had contracted with the insurer to act as a third party administrator. The case was removed to the bankruptcy court, where the providers' motion for remand/abstention was denied and the adversary proceeding was closed pending exhaustion of administrative remedies. The providers filed a motion to reopen and a reurged motion for abstention/remand.
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Court
:
Banner v. ABF Freight Sys. (In re Banner)
Dec
30
2009
Ruling
Employment termination did not amount to discrimination on account of bankruptcy where debtor's performance was problematic.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant former employer of the debtor alleging that the employer terminated the debtor as a sales representative because of her bankruptcy in violation of 11 U.S.C.S. § 525(b). The employer moved for summary judgment.
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Court
:
In re Texans CUSO Ins. Group LLC
Dec
30
2009
Ruling
Arbitration award confirmed as determined according to claim estimation procedure agreed to by parties.
Procedural posture
At a hearing held on November 11, 2009, the court granted debtor's motion to estimate the amount of a claimant's claims under 11 U.S.C.S. § 502(c). Pursuant to the estimation procedures ultimately agreed upon by the parties, the claimant filed a Response to Debtor's Application to Vacate or Modify the Accounting Arbitration Award on December 3, 2009, to which debtor filed a Reply on December 7, 2009.
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Court
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