Judge Lynn

In re King

A chapter 13 trustee filed an objection to the debtors' amended chapter 13 plan, alleging that the plan violated the unfair discrimination requirements of 11 U.S.C.S. § 1322(b)(1) because student loan creditors would receive returns of 27 percent to 92 percent of the face amount of their claims, while non-student loan creditors would only recover 25 percent of their claims.
Ruling: 
Plan that paid more to student loan creditors than to other unsecured creditors did not unfairly discriminate.
ABI Membership is required to access the full summary of In re King. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 23,2011, LexisNexis #1211-023

Credit Union Liquidity Servs. LLC v. Sherman (In re Sherman)

Plaintiff creditor brought an adversary complaint objecting to the grant of a discharge to defendant debtor, asserting, among other grounds, that debtor made several false statements under oath and omitted assets from his schedules and statement of affairs, in violation of 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge denied due to false statements under oath and omission of assets from schedules and statements.
ABI Membership is required to access the full summary of Credit Union Liquidity Servs. LLC v. Sherman (In re Sherman). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 12,2011, LexisNexis #0811-060

In re Northpark Terrace Apts. V Ltd.

Before the court was the question of the amount of a bank's claims in debtor's chapter 11 case, which was disputed by the bank and debtor. The issue arose in the context of confirmability of debtor's plan of reorganization.
Ruling: 
Bank's claims allowed as set forth on debtor's Schedule D where proof of claim did not meet burden of proof as to amount.
ABI Membership is required to access the full summary of In re Northpark Terrace Apts. V Ltd.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 20,2011, LexisNexis #0811-012

In re FRE Real Estate Inc.

Movant, the agent for a bank that was a debtor's main creditor, asked the court to grant relief from stay per 11 U.S.C.S. § 362 to allow it to foreclose on certain property of a chapter 11 debtor on the grounds that debtor lacked equity in the property and will be unable to reorganize or, alternatively, that the case was a bad faith filing that was subject to termination of stay per § 362(d)(1).
Ruling: 
Relief from stay granted unless debtor's affiliates make deposits protecting creditor's interests.
ABI Membership is required to access the full summary of In re FRE Real Estate Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 06,2011, LexisNexis #0711-075

In re Texas Rangers Baseball Partners

Debtor baseball club filed a petition under Chapter 11 of the Bankruptcy Code, and the bankruptcy court approved the sale of the club to an LLC. A partnership that served as a financial advisor to the debtor filed an application for allowance of compensation and reimbursement of expenses. The United States Trustee, an agent for second lien lenders, and the bankruptcy plan administrator filed objections.
Ruling: 
Financial advisor to debtor baseball club on successful sale allowed transaction fee but in reduced amount.
ABI Membership is required to access the full summary of In re Texas Rangers Baseball Partners. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 06,2011, LexisNexis #0511-108

In re Ferguson

An attorney for chapter 13 trustee filed a final fee request, which sought a one-third contingency fee. The debtors objected.
Ruling: 
Attorney's one-third contingency fee for work on debtor's tort claim on behalf of trustee denied.
ABI Membership is required to access the full summary of In re Ferguson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 30,2011, LexisNexis #0711-009

In re Pilgrims Pride Corp.

Citing Fed. R. Civ. P. 52, defendant debtors, businesses operating in the poultry industry, asked the court to enter judgment in their favor on claims by plaintiff poultry producers under the Packers and Stockyards Act of 1921 (PSA) that they had violated § 192 thereof by their conduct in inducing plaintiffs to sign a new contract allowing termination for economic necessity.
Ruling: 
Creditor's claims under the Packers and Stockyards Act of 1921 dismissed.
ABI Membership is required to access the full summary of In re Pilgrims Pride Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 24,2011, LexisNexis #0411-078

In re Pilgrims Pride Corp.

A married couple, asked the court to allow a late filing of an administrative claim in chapter 11 proceedings of debtor, the husband's employer. The motion was precipitated by a filing, by debtor, of a suggestion of bankruptcy and a motion to dismiss claims against it in an arbitration proceeding regarding injuries suffered by the husband in a mishap claimed by movants to have been related to the husband's status as an employee.
Ruling: 
Late-filed administrative expense claim allowed due to creditors' lack of sophistication, good faith and no likely material adverse affect on administration.
ABI Membership is required to access the full summary of In re Pilgrims Pride Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 08,2011, LexisNexis #0311-101

2008 EFK LLC v. Dillon (In re Dillon)

Plaintiff judgment creditor filed an adversary proceeding against defendant debtor to have the debt represented by the judgment excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A). The judgment was based upon a personal check uttered by the debtor in the amount of $225,000.
Ruling: 
Dishonored check tendered in exchange for real estate contract was not grounds for denial of discharge as debtor had not received anything of value.
ABI Membership is required to access the full summary of 2008 EFK LLC v. Dillon (In re Dillon). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-085

Neary v. Cline (In re Cline)

Plaintiff United States Trustee (UST) filed a complaint against defendant Chapter 7 debtor objecting to his discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge denied due to debtor's failure to disclose sale of real property and mineral leases.
ABI Membership is required to access the full summary of Neary v. Cline (In re Cline). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 06,2010, LexisNexis #1110-059

Pages

Subscribe to Judge Lynn