Judge Cox

In re Armstrong

Ruling: 
Reaffirmation agreement could not be approved where it would impose undue hardship on debtor.
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Consumer case opionion summary, case decided on November 07,2014, LexisNexis #1214-055

In re Castle Home Builders Inc.

Ruling: 
Debtor awarded actual damages due to loan servicer's failure to comply with terms of plan.
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Commercial case opionion summary, case decided on October 21,2014, LexisNexis #1114-101

Martino v. Miszkowicz (In re Miszkowicz)

Ruling: 
Ordinary course of business defense did not apply to prevent avoidance of transfers by debtor on loans from other partners related to debtor.
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Consumer case opionion summary, case decided on July 23,2014, LexisNexis #0814-093

Popgrip LLC v. Browns Chicken & Pasta Inc. (In re Browns Chicken & Pasta Inc.)

Ruling: 
Purchaser of debtor's equipment was entitled to turnover and could assume unscheduled franchise agreements without court approval.
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Commercial case opionion summary, case decided on December 06,2013, LexisNexis #0114-137

In re Edison Mission Energy

Ruling: 
Partnership agreements related to gas cogeneration were executory contracts and could be assumed.
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Commercial case opionion summary, case decided on September 16,2013, LexisNexis #1013-041

In re GAC Storage Lansing LLC

Debtor limited liability company ("LLC") declared chapter 11 bankruptcy, and the court ordered joint administration of the debtor's case with cases that were filed by related businesses. The debtor filed a third amended chapter 11 plan and asked the court to confirm its plan. A bank that filed a secured claim against the debtor's bankruptcy estate filed an objection to confirmation and moved for relief from the automatic stay.
Ruling: 
Confirmation of plan denied for lack of feasibility or good faith.
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Commercial case opionion summary, case decided on February 27,2013, LexisNexis #0313-096

In re Pasquinelli Homebuilding LLC

The trustee asked that the court allow him to file under seal an application to retain a litigation consultant and that consultant's fee applications. This request was made to protect the Trustee's litigation strategy involving his investigation of claims against debtor's former principals and third parties.
Ruling: 
Trustee could file application to retain litigation consultant and the consultant's fee applications under seal.
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Commercial case opionion summary, case decided on February 14,2013, LexisNexis #0313-072

Gordon Family Trust v. Davajon (In re Davajon)

Creditors filed a complaint against debtor asking that a claim against the debtor in the amount of $691,397, memorialized in a state court judgment, be ruled non-dischargeable under 11 U.S.C.S. §§ 523(a)(2), (a)(4) and (a)(6).
Ruling: 
Debt relating to debtor's unauthorized property purchase on behalf of joint venture was nondischargeable.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-015

In re Gac Storage Leasing LLC

A debtor that was the owner and operator of a self-storage facility sought confirmation of its amended chapter 11 plan. A creditor bank objected to the confirmation.
Ruling: 
Confirmation denied due to lack of feasibility, failure to meet cramdown requirements and nondisclosure.
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Commercial case opionion summary, case decided on January 10,2013, LexisNexis #0213-022

In re Gacharna

Creditors objected to the modified plan filed by chapter 13 debtors.
Ruling: 
Plan could not be modified to substitute payment for injunctive relief on claim based on settlement of trade secret action.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-106

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