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Schermerhorn v. CenturyTel Inc. (In re SkyPort Global Communs. Inc.)

Mar
26
2015
Ruling
Creditors' attorneys properly sanctioned for filing state court case in violation of confirmation order.
Issue(s)
Was creditors' filing of state court proceeding properly held to be a collateral attack on the confirmation order in debtor's case?

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Commercial opinion summary, case decided on March 26, 2015 , LexisNexis #0415-071
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Nevada Prop. 1 LLC v. DAmico (In re DAmico)

Apr
23
2014
Ruling
Discharge of gambling debts affirmed despite high probability of harm to casinos.
Issue(s)
Did bankruptcy court err in failing to find that debtor's gambling debts were nondischargeable by not holding that debtor's actions in incurring extensive debt were objectively substantially certain to cause harm to creditor casinos?

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Consumer opinion summary, case decided on April 23, 2014 , LexisNexis #0514-054
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Nevada Prop. 1 LLC v. DAmico (In re DAmico)

Apr
23
2014
Ruling
Gambling debts to casinos properly held dischargeable.
Issue(s)
Did bankruptcy court err in holding that debtor's gambling debts to Las Vegas casinos were dischargeable?

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Consumer opinion summary, case decided on April 23, 2014 , LexisNexis #0914-120
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Sabre Techs. LP v. TSM Skyline Exhibits Inc.

Sep
18
2008
Ruling
Action for fraudulent transfer and breach of promissory note involved core matters.
Procedural posture

Plaintiff lender brought an action in state court against defendants, two corporations and their common principal, alleging a breach of a promissory note and fraudulent transfers between the corporations. The action was removed to federal court after one corporation filed a bankruptcy petition, the lender moved to abstain and remand the case, and the remaining corporation and the principal moved to transfer the case to bankruptcy court.

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Commercial opinion summary, case decided on September 18, 2008 , LexisNexis #0109-094
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Hoang v. Urban Purchasing LLC

May
08
2008
Ruling
Motion to stay Fair Labor Standards Act case against debtor's co-defendant denied absent direct connection or identity of interest.
Procedural posture

Plaintiff former employees brought an action against defendants, two employer companies and their principals, alleging that defendants failed to pay overtime wages required by the Fair Labor Standards Act by improperly classifying the employees as independent contractors. One company filed a bankruptcy petition, and the remaining co-defendants moved to stay all proceedings pursuant to the automatic bankruptcy stay of 11 U.S.C.S. § 362(a)(1).

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Commercial opinion summary, case decided on May 08, 2008 , LexisNexis #0608-073
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Marlin Leasing Corp. v. Hill (In re Burr Wolff LP)

Oct
10
2007
Ruling
Bankruptcy court erred in holding insurance proceeds to be property of the estate where claim was contingent on outcome of litigation.
Procedural posture

Appellant sought review of an order of the bankruptcy court denying appellant's motion for relief from automatic stay and declaring that the proceeds of an errors and omissions liability insurance policy issued to the debtor were property of the bankruptcy estate under 11 U.S.C. § 541(a)(1) and (6).

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Commercial opinion summary, case decided on October 10, 2007 , LexisNexis #1107-011
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Lauderdale v. Papadopoulos

Sep
13
2006
Ruling
Fees of guardian ad litem were in the nature of support and nondischargeable.
Procedural posture

Pro se appellant bankruptcy debtor, on behalf of herself and her two minor children, sought judicial review of a decision by the bankruptcy court granting summary judgment in favor of appellee guardian ad litem and denying dischargeability of a state court judgment against her. The state court judgment was the guardian's reasonable fee for representing the interests of the minor children in the debtor's divorce proceeding.

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opinion summary, case decided on September 13, 2006 , LexisNexis #1006-018
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Neely v. Smith (In re Neely)

Nov
22
2005
Ruling
Order denying conversion was revoked, and case was remanded for consideration of whether debtor bad faith existed since strong presumption in favor of conversion exists.
Procedural posture

The debtor appealed two interlocutory orders of the bankruptcy court. The first order denied his 11 U.S.C. § 706(a) motion to convert from a Chapter 7 to a Chapter 13 bankruptcy. The second order withdrew the first order, granted the motion to convert, and then immediately reconverted the debtor's case to a Chapter 7 case.

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opinion summary, case decided on November 22, 2005 , LexisNexis #0106-025
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