Skip to main content

Page Banner(Taxonomy)

judge clay

Javery v. Lucent Techs. Inc. Long Term Disability Plan for Mgmt. or LBA Employees

Feb
03
2014
Ruling
Careless or inadvertent omission of long term disability claim from chapter 13 schedules did not estop debtor from pursuing action.
Issue(s)
Should debtor be judicially estopped from pursuing ERISA claim due to failure to disclose the claim in his chapter 13 case.

ABI Membership is required to access the full summary of Javery v. Lucent Techs. Inc. Long Term Disability Plan for Mgmt. or LBA Employees Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 03, 2014 , LexisNexis #0214-121
LexisNexis Article
Learn More

Reinhardt v. Vanderbilt Mortg. & Fin. Inc. (In re Reinhardt)

Apr
29
2009
Ruling
Security interest in mobile home that was not considered real property under state law could be modified.
Procedural posture

Appellee debtors, filed for bankruptcy protection under chapter 13 and sought a cramdown of appellant creditor's secured claim. The creditor filed an objection. The United States Bankruptcy Court for the Southern District of Ohio overruled the objection and confirmed debtors' proposed plan. The creditor appealed.

ABI Membership is required to access the full summary of Reinhardt v. Vanderbilt Mortg. & Fin. Inc. (In re Reinhardt) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 29, 2009 , LexisNexis #0609-092
LexisNexis Article
Learn More

McMillan v. LTV Steel Inc.

Feb
05
2009
Ruling
Employee's administrative expense claim for retirement benefits properly denied as he became entitled to the benefits prior to petition date.
Procedural posture

Debtor employer filed a voluntary petition for chapter 11 bankruptcy. Plaintiff retired employee was granted leave to file administrative expense claims for unpaid pension funds, severance benefits, and backpay under 11 U.S.C.S. § 503(a). The District Court for the Northern District of Ohio upheld the bankruptcy court's denial of the employee's claim based on the employer's objection. The employee appealed.

ABI Membership is required to access the full summary of McMillan v. LTV Steel Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 05, 2009 , LexisNexis #0309-103
LexisNexis Article
Learn More

Parker v. Goodman (In re Parker)

Aug
28
2007
Ruling
Sale of debtor's legal malpractice claim was proper.
Procedural posture

Defendant debtor sought review of a judgment from the District Court for the Eastern District of Kentucky affirming the bankruptcy court's order in an adversary proceeding filed by plaintiff attorney, the debtor's former counsel, which permanently enjoined the debtor from prosecuting a state legal malpractice claim against the attorney.

ABI Membership is required to access the full summary of Parker v. Goodman (In re Parker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 28, 2007 , LexisNexis #0907-127
LexisNexis Article
Learn More
Subscribe to %1