Williams v. Mckesson Corp. (In re Quality Infusion Care Inc.)
Nov
25
2013
Ruling
Transfers to medical supplier pursuant to settlement were not made in the ordinary course of business and were avoidable.
Issue(s)
Were payments by debtor to medical supplier pursuant to settlement agreement avoidable as preferential.
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Court
:
- 11 U.S.C.
Compton v. InOcean AS (In re MPF Holding US LLC)
Jun
21
2013
Ruling
Trustee could not pursue preference proceeding for payments pursuant to contract that was assumed and assigned under debtor's confirmed plan.
Procedural posture
Chapter 11 litigation trustee filed an adversary proceeding to recover alleged preferential payments made to defendant creditor. The creditor moved to dismiss, alleging that the debtor assumed and assigned its contract with the creditor pursuant to 11 U.S.C.S. § 365 and thus, the trustee was barred as a matter of law from pursuing a preference action.
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Court
:
- 11 U.S.C.
In re Ritchey
Jun
18
2013
Ruling
Case reopened to allow debtor to seek relief for violation of discharge injunction related to inadvertently unscheduled debt.
Procedural posture
A creditor brought an action in state court to recover a debt from bankruptcy debtors which was not scheduled, and the creditor contended that the failure to schedule the debt excepted the debt from the debtors' discharge under 11 U.S.C.S. § 523(a)(3). The debtors moved to reopen their bankruptcy case to seek relief for the creditor's alleged violation of the discharge injunction.
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Court
:
- 11 U.S.C.
Compton v. Mustang Engg Ltd. (In re MPF Holding US LLP)
Jun
18
2013
Ruling
Avoidance proceeding dismissed where novation agreement effected a valid assignment of the underlying contract.
Procedural posture
Plaintiff litigation trustee under a bankruptcy debtor's confirmed plan brought an adversary proceeding against defendant contractor seeking to avoid the debtor's prepetition contract payments to the contractor as preferential transfers, and the contractor asserted that the contract was assumed and assigned and the trustee lacked standing to pursue the preference claims. The contractor moved to dismiss the complaint for lack of jurisdiction.
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Court
:
In re Triumph Christian Ctr. Inc.
May
24
2013
Ruling
Debtor's second chapter 11 case filed after substantial consummation of first case and on eve of foreclosure dismissed for bad faith.
Procedural posture
After a bankruptcy debtor's plan of reorganization was substantially consummated, and shortly before a creditor's foreclosure sale of the debtor's property, the debtor filed a successive chapter 11 bankruptcy petition. The creditor moved to dismiss the second petition as an impermissible attempt in bad faith to modify the prior plan in violation of 11 U.S.C.S. § 1127(b).
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Court
:
- 11 U.S.C.
Cage v. GDH Intl Inc. (In re Great Gulfcan Energy Tex. Inc.)
Mar
08
2013
Ruling
Trustee could not avoid transfer by initial transferees to subsequent transferees who took title in good faith.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant transferee of real property seeking to recover the value of the property which a bankruptcy debtor transferred to its former principal for no consideration, who then transferred the property to the transferee in partial satisfaction of a judgment. The trustee and the transferee cross-moved for summary judgment.
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Court
:
In re McDowell
Feb
14
2013
Ruling
Chapter 7 case dismissed for abuse where debtor had ability to fund chapter 13 plan.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") filed a motion to dismiss the debtors' case pursuant to 11 U.S.C.S. § 707(b). Although the court granted the motion, the debtors filed a motion to vacate the court's order. The court granted the debtors' motion to vacate and considered the UST's motion based on an amended petition and amended schedules the debtors filed.
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Court
:
- 11 U.S.C.
Quilan v. AFI Servs. LLC (In re AFI Servs. LLC)
Feb
07
2013
Ruling
Escrow became property of the estate where depositing investor failed to take action to preserve rights.
Procedural posture
Plaintiff investor sought the return of funds he placed into an escrow account on behalf of, and pursuant to an agreement with the debtor. He requested a declaration that the bankruptcy estate has no interest in the escrowed funds, and moved for partial summary judgment. The chapter 7 trustee opposed the motion and filed a counter-motion for summary judgment.
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Court
:
Shurn v. Gilbert (In re Gulf Coast Glass & Erection Co.)
Jan
10
2013
Ruling
Allowance of claim did not bar trustee from pursuing avoidance proceeding against creditor.
Procedural posture
The liquidating trustee for chapter 11 debtor filed a motion for summary judgment in his action against the creditor, which sought to avoid pursuant to 11 U.S.C.S. § 547 transfers of funds made to the creditor from the debtor's bank account.
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Court
:
- 11 U.S.C.
Nugent v. Ehrler-Nugent
Dec
20
2012
Ruling
Obligations under divorce judgment that were not for alimony, support or maintenance were dischargeable.
Procedural posture
Plaintiff, defendant chapter 7 debtor's former husband, sought a declaration that the debtor's obligations to him under the terms of a state court divorce judgment were non- dischargeable under 11 U.S.C.S. § 523(a)(5).
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Court
: