- 28 U.S.C.
Crescent Res. Litig. Trust v. Fields (In re Crescent Res. LLC)
Mar
02
2012
Ruling
Certification of appeal of dismissal of trustee's avoidance proceeding for lack of standing denied.
Procedural posture
Trustee of a liquidation trust created by a bankruptcy debtor's plan brought an adversary proceeding against defendant transferee seeking to avoid bonuses paid to the transferees as fraudulent transfers under state law. The trustee moved to certify for direct or interlocutory appeal under 28 U.S.C.S. § 158 the order dismissing the trustee's claims for lack of standing.
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Court
:
- 11 U.S.C.
Crescent Res. Litig. Trust v. Nexen Pruet LLC (In re Crescent Res. LLC)
Jan
23
2012
Ruling
Preference proceeding dismissed absent sufficient allegations of antecedent debt.
Procedural posture
Plaintiff Trust (the Trust) filed a Complaint for Avoidance and Recovery of Avoidable Transfers alleging that the chapter 11 debtors made preferential transfers to defendant in violation of 11 U.S.C.S. § 547 as well as fraudulent transfers in violation of 11 U.S.C.S. § 548. Defendant filed a motion to dismiss.
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Court
:
In re UTEX Communs. Corp.
Sep
21
2011
Ruling
Communications company entitled to administrative expense claim for services provided that kept debtor in business.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and operated its business as a debtor in possession. A communications company filed a claim against the debtor's bankruptcy estate, in the amount of $9,570,642, and the debtor filed an objection to the creditor's claim. The parties filed cross-motions for summary judgment on the creditor's claim and the debtor's objection.
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Court
:
- 11 U.S.C.
Randall v. Atkins (In re Atkins)
Sep
01
2011
Ruling
Discharge denied due to debtor's misappropriation of loan proceeds intended for debtor's scooter business.
Procedural posture
Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727 and nondischargeability of debts to the creditors under 11 U.S.C.S. § 523 based on the debtor's misappropriation of proceeds of loans from the creditors intended for the debtor's scooter business.
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Court
:
In re Seda France Inc.
Jul
22
2011
Ruling
Unsecured creditors are not entitled to recover postpetition attorneys' fees.
Procedural posture
Debtor corporation filed a petition under Chapter 11 of the Bankruptcy Code, and a creditor filed an unsecured claim against the debtor's bankruptcy estate which included a request for payment of attorneys' fees and costs it incurred postpetition. The debtor filed an objection to the creditor's request for payment of postpetition attorneys' fees and costs.
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Court
:
In re Crescent Res. LLC
Jul
22
2011
Ruling
Debtor's law firm ordered to turn over files relating to transaction with former parent company that allegedly rendered debtor insolvent.
Procedural posture
A litigation trust under bankruptcy debtors' plan sought to obtain client files of a law firm which allegedly represented the debtors before, during, and after a transaction in which the debtors borrowed money which was then transferred to the former parent company of the debtors from a new entity in exchange for the parent's equity interests in the debtors. The trust moved for turnover of the client files pursuant to 11 U.S.C.S. § 542(e).
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Court
:
- 11 U.S.C.
Century 21 Real Estate LLC v. Gharbi (In re Gharbi)
Mar
03
2011
Ruling
Debt based on violation of Anticybersquatting Consumer Protection Act was nondischargeable.
Procedural posture
Plaintiff LLC filed an adversary proceeding against defendant Chapter 7 debtor, claiming that the debtor violated the Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C.S. § 1125(d), and committed trademark infringement. The LLC asked the court for an award of statutory damages and attorneys' fees under 15 U.S.C.S. § 1117(d), and a determination that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(6).
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Court
:
- 11 U.S.C.
Lowe v. Kaspar-Wells (In re Wells)
Feb
10
2011
Ruling
Transfer of debtor's interest in real property to trust for no value could be avoided.
Procedural posture
Plaintiff Chapter 7 Trustee filed a complaint pursuant to 11 U.S.C.S. § 548(a)(1) to avoid and recover a constructively fraudulent transfer of an interest in real property.
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Court
:
In re Boulder Crossroads LLC
Dec
01
2010
Ruling
Law firm's claim for fees allowed as reasonable over debtor's objection.
Procedural posture
Chapter 11 debtor, a limited liability company that operated a shopping center, filed an objection under 11 U.S.C.S. § 502(b) to a claim submitted by creditor, a law firm that had provided services to the debtor.
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Court
:
McCready v. Becker (In re Becker)
Aug
06
2010
Ruling
Section 521(e) provides creditor with means of obtaining debtor's financial information without compelling debtor to execute waivers.
Procedural posture
Plaintiff creditor brought an adversary action against defendant debtors. The court previously denied the creditor's motion to compel the debtors to execute waivers authorizing the Social Security Administration (SSA) and a state agency to release information concerning the monetary amounts received by the debtors from these agencies. The creditor filed a Fed. R. Civ. P. 60 Motion to Alter or Amend.
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Court
: