Judge Cox

ExpressDrop Inc. v. Mateyko (In re Mateyko)

Creditor filed this adversary complaint objecting to the discharge of a debt arising from an agreed judgment order in a state court action where the creditor accused defendant debtor of theft of trade secrets and intellectual property. After the settlement was entered, the debtor filed for relief under chapter 7 of the Bankruptcy Code. The creditor filed this nondischargeability action under 11 U.S.C.S. § 523(a)(a)(A) and § 523(a)(6).
Ruling: 
Settlement of action accusing debtor of theft of trade secrets and intellectual property was nondischargeable.
ABI Membership is required to access the full summary of ExpressDrop Inc. v. Mateyko (In re Mateyko). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 27,2010, LexisNexis #1010-088

In re FLA Owner VI Inc.

The chapter 11 debtor filed a motion to establish sales procedures, set a hearing date on the sale, and approve the form of notice concerning the sale of the debtor's interest in its real estate, free and clear of all liens and other interests pursuant to 11 U.S.C.S. § 363(f).
Ruling: 
Sale of property to non-insider for fair and reasonable compensation approved.
ABI Membership is required to access the full summary of In re FLA Owner VI Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 18,2010, LexisNexis #0111-047

Gander Partners LLC v. Harris Bank (In re Gander Partners LLC)

Debtors brought an adversary proceeding against defendant creditor seeking to enjoin the creditor from pursuing state-court actions against principals of the debtors who guaranteed repayment of loans to the debtors by the creditor. The debtors moved for a preliminary injunction.
Ruling: 
Creditor enjoined from pursuing action against debtor's principals who had guaranteed loans.
ABI Membership is required to access the full summary of Gander Partners LLC v. Harris Bank (In re Gander Partners LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 16,2010, LexisNexis #1010-003

In re Fenn

Debtors proposed a plan which provided for avoidance of a creditor's junior mortgage lien which was wholly unsecured, and the creditor objected to confirmation of the debtors' plan.
Ruling: 
Valuation of secured claim at zero for confirmation purposes did not result in disallowance or voiding of lien.
ABI Membership is required to access the full summary of In re Fenn. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 17,2010, LexisNexis #0710-083

In re J.S. II LLC

Creditors, the purchasers of two residences in a debtor's development, were alleged to have violated the automatic stay by filing a postpetition civil action against that debtor and several other defendants, after the creditors filed a creditors' claim in the debtors' jointly administered estate case.
Ruling: 
Purchasers of two residences in debtor's development violated stay by filing civil suit based on prepetition claims.
ABI Membership is required to access the full summary of In re J.S. II LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 09,2010, LexisNexis #0610-107

Computer World Solution Inc. v. Apple Fund LP (In re Computer World Solutions Inc.)

Chapter 11 debtor filed adversary an complaint against defendant creditor, a lender that had collected a partial repayment of its loan from the debtor during the preference period prior to the filing of an involuntary chapter 11 petition against the debtor. The debtor sought to avoid the repayment as a preferential transfer under 11 U.S.C.S. § 547.
Ruling: 
Involuntary debtor's preference period payments on loan which was disguised as income avoided.
ABI Membership is required to access the full summary of Computer World Solution Inc. v. Apple Fund LP (In re Computer World Solutions Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 17,2010, LexisNexis #0610-018

Leibowitz v. First Chicago Bank & Trust (In re IFC Credit Corp.)

Chapter 7 trustee sought a preliminary injunction pursuant to 11 U.S.C.S. § 105(a) to stay lawsuits brought by defendant creditors against former officers and directors of the debtor. The trustee's motion also sought to enjoin any attempts by the former officers and directors to incur legal defense expenses or otherwise obtain possession or control of the proceeds of the debtor's directors and officers policy (the policy).
Ruling: 
Debtor's former officers' and directors' lawsuits enjoined for 90 days.
ABI Membership is required to access the full summary of Leibowitz v. First Chicago Bank & Trust (In re IFC Credit Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 27,2010, LexisNexis #0310-072

In re IFC Credit Corp.

A creditor moved to dismiss the bankruptcy case of a chapter 7 debtor on the grounds that the proceeding was null because it was filed pro se on behalf of a corporation. The debtor and certain other creditors opposed the motion to dismiss.
Ruling: 
Motion to dismiss case filed pro se on behalf of corporation denied where properly amended with signature of attorney.
ABI Membership is required to access the full summary of In re IFC Credit Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 16,2009, LexisNexis #0110-129

In re Local Union 722 Intl Brotherhood of Teamsters

Movant creditor sought dismissal of debtor's chapter 11 bankruptcy case pursuant to 11 U.S.C.S. § 1112(b).
Ruling: 
Chapter 11 case dismissed as being essentially a two-party dispute.
ABI Membership is required to access the full summary of In re Local Union 722 Intl Brotherhood of Teamsters. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 06,2009, LexisNexis #1109-060

In re Lancelot Investors Fund LP

Debtors filed for bankruptcy protection under chapter 7 of the Bankruptcy Code after an alleged Ponzi scheme was uncovered. Defendants, a family trust and others, filed a complaint against a partnership, which provided auditing and financial services to the debtors, in the Fourth Judicial District of Hennepin County District Court in Minnesota. Plaintiff trustee moved for a preliminary injunction staying defendants' lawsuit.
Ruling: 
Action by investors in debtor's alleged Ponzi scheme stayed due tot substantial overlap with efforts of trustee.
ABI Membership is required to access the full summary of In re Lancelot Investors Fund LP. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 17,2009, LexisNexis #0809-072

Pages

Subscribe to Judge Cox