Waldron v. National Fire Ins. Co. (In re EbaseOne Corp.)

Jun

2006

Ruling

Reference of state law indemnity action withdrawn.

Procedural posture

Plaintiff chapter 7 trustee, on behalf of debtor's estate and debtor's president and CEO, filed a Complaint against defendant insurer, alleging that it wrongfully failed to indemnify and defend the CEO under a corporate liability insurance policy to cover losses suffered as a result of claims for wrongful acts committed by directors and officers. Pending was the insurer's Motion to Withdraw Reference to District Court.

ABI Membership is required to access the full summary of Waldron v. National Fire Ins. Co. (In re EbaseOne Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Southern District of Texas ( Judge Bohm ) [ Bankruptcy Court ]

opinion summary, case decided on June 14, 2006 , LexisNexis #1006-066

LexisNexis Article

Learn More

11 U.S.C.
- § 547
- § 547(b)

Floyd v. Am. Block Roland Niles Intl Inc. (In re Cooper Mfg. Corp.)

Apr

2006

Ruling

Transfers were not deemed preferential transfers since assignments were valid and occurred outside preference period.

Procedural posture

Plaintiff bankruptcy trustee brought adversary proceedings against defendant creditors, alleging that the debtor's transfers of proceeds of a letter of credit to the creditors constituted preferential transfers which were avoidable under 11 U.S.C. § 547(b). The trustee and the creditors cross-moved for summary judgment.

ABI Membership is required to access the full summary of Floyd v. Am. Block Roland Niles Intl Inc. (In re Cooper Mfg. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Southern District of Texas ( Judge Bohm ) [ Bankruptcy Court ]

opinion summary, case decided on April 11, 2006 , LexisNexis #0706-061

LexisNexis Article

Learn More

28 U.S.C.
- § 1334

Gilbane Bldg. Co. v. Air Sys. (In re Encompass Servs. Corp.)

Jan

2006

Ruling

Court ruled that it did not have jurisdiction over an action involving the assigment of a subcontract since the subcontract was created independent of the bankruptcy and did not impact postconfirmation distributions to creditors.

Procedural posture

After the debtors' chapter 11 plan was confirmed, plaintiff contractor brought an adversary proceeding against defendant purchaser, seeking a declaration that the debtors'assignment of a subcontract to the purchaser was invalid and remained in the estate, and seeking an injunction against the purchaser from further prosecuting the subcontract in state court. The parties cross- moved for summary judgment; the purchaser moved for abstention.

ABI Membership is required to access the full summary of Gilbane Bldg. Co. v. Air Sys. (In re Encompass Servs. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Southern District of Texas ( Judge Bohm ) [ Bankruptcy Court ]

opinion summary, case decided on January 26, 2006 , LexisNexis #0306-104

LexisNexis Article

Learn More