Judge Cox

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

4100 W. Grand LLC v. TY Grand LLC (In re 4100 Grand LLC)

Chapter 11 debtor-in-possession filed a complaint against creditor to avoid and recover a transfer alleged to be fraudulent pursuant to 11 U.S.C.S. §§ 544(b) and 548(a)(1)(B) and 740 ILCS 160/5 and 160/6.
Ruling: 
Recording of deed in lieu of foreclosure was not a fraudulent transfer.
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Commercial case opionion summary, case decided on October 04,2012, LexisNexis #1112-057

Solis v. Dombek (In re Dombek)

Secretary of the U.S. Department of Labor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to an employee benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtor's fiduciary defalcation. The debtor did not respond, default was entered, and the Secretary moved for default judgment.
Ruling: 
Debt owed to ERISA plan was nondischargeable due to debtor's fiduciary defalcation.
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Consumer case opionion summary, case decided on October 04,2012, LexisNexis #1112-017

Lemaire v. Fannie Mae (In re Lemaire)

Appellant chapter 13 debtor challenged orders of the United States Bankruptcy Court for the Eastern District of Michigan, which granted appellee relief from the automatic stay with respect to two residential properties previously owned by the debtor and transferred to appellee after foreclosure sales.
Ruling: 
Stay properly lifted where foreclosure sales had occurred and debtor could no longer cure default.
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Consumer case opionion summary, case decided on August 24,2012, LexisNexis #1012-028

Peterson v. Enhanced Investing Corp. (Cayman) Ltd. (In re Lancelot Investors Fund L.P.)

Plaintiff chapter 7 trustee brought eleven adversary complaints against defendants, transferees of funds from the debtors under a massive Ponzi scheme run by insiders of the debtor. The transferees moved for summary judgment under Fed. R. Civ. P. 56. The issue was whether the transactions tainted by massive fraud were the kind of business transactions Congress intended to protect under 11 U.S.C.S. § 546(e).
Ruling: 
Transfers pursuant to massive Ponzi scheme could be avoided as fraudulent.
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Consumer case opionion summary, case decided on March 02,2012, LexisNexis #0412-025

Peterson v. Ritchie Capital Mgmt. LLC (In re Lancelot Investors Fund L.P.)

Defendants filed a motion to dismiss chapter 7 trustee's complaint, which sought to avoid $12,532,973 in alleged constructively fraudulent transfers under 11 U.S.C.S. § 548 and the Uniform Illinois Fraudulent Transfer Act, and asserted a state law claim for unjust enrichment.
Ruling: 
Transfers made by management companies rather than debtor entities were not avoidable.
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Commercial case opionion summary, case decided on March 02,2012, LexisNexis #0512-131

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