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In re Oglesby

Dec
06
2006
Ruling
Debtor's remainder interest in real property which merged with life interest postpetition was a fee simple interest fully subject to sale by trustee.
Procedural posture

A chapter 7 trustee filed a petition to sell certain real property of a debtor's estate under 11 U.S.C. § 363(b)(1) and to employ a professional to conduct the auction of the property.

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opinion summary, case decided on December 06, 2006 , LexisNexis #0107-011
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In re Jillians Entertainment Holdings Inc.

Nov
30
2006
Ruling
Change in management of creditor's legal department did not establish excusable negect to allow filing of claim two years after bar date.
Procedural posture

A plan administrator filed a motion to disallow a creditor's claim against a chapter 11 debtor on the ground that it was filed after the bar date established by court order.

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opinion summary, case decided on November 30, 2006 , LexisNexis #0107-035
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In re Brinley

Aug
17
2006
Ruling
Unencumbered equity in abandoned property should be preserved for benefit of the estate.
Procedural posture

An unsecured creditor moved for an order finding that the unencumbered equity created by the avoidance of its judgment lien against certain property be preserved for the bankruptcy estate pursuant to 11 U.S.C. § 551. The debtor objected to the motion, arguing that section 551 was inapplicable and that the property in question had been technically abandoned as a result of the closing of the bankruptcy case.

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opinion summary, case decided on August 17, 2006 , LexisNexis #0906-029
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In re Precision Tool Die & Mach. Co.

Feb
22
2006
Ruling
Court granted as reasonable and necessary most of the fee application but reduced as excessive billings for preparing the billing statements.
Procedural posture

Counsel for the official committee of unsecured creditors filed an application for allowance and payment of attorneys' fees and expenses. The debtor objected to the application, asserting that the fees charged were excessive, unreasonable, and disproportionate to the issues involved.

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opinion summary, case decided on February 22, 2006 , LexisNexis #0306-041
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In re Jillians Entmt Holdings Inc.

Jan
13
2006
Ruling
Creditor landlord was granted rents due as an administrative expense.
Procedural posture

Creditor landlord filed an application seeking an order requiring the administrator of debtor's chapter 11 plan to pay, as an administrative expense, the amount owed to it under debtor's lease, pursuant to 11 U.S.C. §§ 503(a) and 507(a)(1), The administrator objected to the landlord's application.

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opinion summary, case decided on January 13, 2006 , LexisNexis #0206-106
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