Judge Jernigan

Cadle Co. v. Brunswick Homes LLC (In re Moore)

Creditor which purchased claims against defendant bankruptcy debtor brought an adversary proceeding against the debtor and related corporations seeking to pierce the corporate veil and hold the corporations liable for the claims against the debtor. The debtor and the corporations moved to dismiss the adversary proceeding based on abuse of the judicial process by the creditor and its counsel.
Ruling: 
Proceeding to hold corporation liable for claim against debtor dismissed due to failure of counsel to disclose representation of both creditor and trustee.
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Consumer case opionion summary, case decided on April 23,2012, LexisNexis #0512-038

Placid Oil Co. v. Williams (In re Placid Oil Co.)

Plaintiff reorganized debtor filed an adversary proceeding against defendants, post-confirmation tort claimants, seeking a determination that the claims asserted by the claimants were discharged by the confirmation order in the debtor's chapter 11 case. The parties filed cross motions for summary judgment.
Ruling: 
Claim for injury from prepetition exposure to asbestos, unknown at confirmation, was discharged due to adequate publication of bar date.
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Commercial case opionion summary, case decided on January 18,2012, LexisNexis #0412-140

Factory Mut. Ins. V. Panda Energy Intl Inc. (In re Hereford Biofuels LP)

Plaintiff insurer filed an adversary proceeding against defendant energy company, the parent company of a biofuels business ("debtor") that declared chapter 11 bankruptcy, seeking a determination that claims the energy company filed against the insurer in a Texas court were barred, and an order enjoining the energy company from proceeding with that action. The parties filed cross-motions for summary judgment.
Ruling: 
Debtor's parent enjoined from pursuing claims against debtor's insurer that were property of the estate and had been sold and released.
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Commercial case opionion summary, case decided on January 03,2012, LexisNexis #0212-023

In re Chastain

The court held a bench trial in an adversary proceeding filed by creditor buyers who objected to the dischargeability of a debt under 11 U.S.C.S. § 523(a)(2)(A) and an objection to the debtor's purported homestead exemption under 11 U.S.C.S. § 522.
Ruling: 
Debtor's failure to disclose mold contamination resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on October 25,2011, LexisNexis #1111-119

Sherman v. Mike Emke & Servers Inc. (In re Ondova Ltd.)

Trustee brought an adversary proceeding against defendant co-owner of an entity which owned an Internet domain name, seeking authorization to sell the domain name free and clear of any interest of the co-owner pursuant to 11 U.S.C.S. § 363(h), and alleging that the co-owner breached a settlement agreement which created the entity.
Ruling: 
Trustee could sell debtor's internet domain name free and clear of interest of co-owner.
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Commercial case opionion summary, case decided on October 18,2011, LexisNexis #1111-045

In re Garza

A property owner filed a motion to compel the Chapter 13 debtor to assume or reject a contract for deed under 11 U.S.C.S. § 365, pursuant to which the debtor agreed to purchase from the owner certain residential real property.
Ruling: 
Contract for deed under which debtor defaulted was not executory and could be cured in chapter 13 plan.
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Consumer case opionion summary, case decided on October 07,2011, LexisNexis #1111-005

In re Pastran

Chapter 13 debtor, by and through her counsel, filed an application of for allowance of compensation and reimbursement of expenses, pursuant to either 28 U.S.C.S. § 1927, 11 U.S.C.S. § 105(a), and Fed. R. Bankr. P. 9011, to be assessed against two mortgage loan servicing creditors.
Ruling: 
Award of attorneys' fees and expenses against creditor mortgagees for bringing allegedly unfounded stay litigation denied in absence of bad faith.
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Consumer case opionion summary, case decided on September 20,2011, LexisNexis #1011-103

In re Congress Sand and Gravel LLC

Debtors sought confirmation of their proposed Chapter 11 plan of reorganization as immaterially modified by a later version of the plan. The issue was whether the proposed plan satisfied the criteria in 11 U.S.C.S. § 1129.
Ruling: 
Immaterially modified chapter 11 plan could be confirmed.
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #1011-099

In re American Mart Hotel Corp.

Movant, a primary lender, filed an amended plan of liquidation for the debtor for confirmation. The objections of all parties had been withdrawn, resolved, or otherwise overruled or addressed.
Ruling: 
Plan of liquidation proposed by lender confirmed as modified.
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #1011-025

In re EQK Bridgeview Plaza Inc.

Before the court for consideration in debtor's chapter 11 case were movant creditors' motions for relief from the automatic stay.
Ruling: 
Denial of relief from stay conditioned upon adequate protection payments and plan confirmation by date certain.
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Commercial case opionion summary, case decided on June 16,2011, LexisNexis #0811-009

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