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Huntington Natl Bank v. Richardson (In re Cyberco Holdings Inc.)

Aug
20
2013
Ruling
Denials of substantive consolidation of chapter 7 cases were not final appealable orders.
Issue(s)
Was denial of substantive consolidation of two separate chapter 7 cases a final appealable order.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 20, 2013 , LexisNexis #0913-068
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Michigan v. Wilson (In re Wilson)

Feb
10
2012
Ruling
Plan properly confirmed over objection of state where debtor filed proof of claim for prepetition taxes.
Procedural posture

Appellant State challenged a decision of the U.S. Bankruptcy Court for the Eastern District of Michigan, which overruled the State's objections to the confirmation of appellee debtors' chapter 13 plan and confirmed the plan.

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Consumer opinion summary, case decided on February 10, 2012 , LexisNexis #0312-027
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Murphy v. Weathers

Sep
25
2008
Ruling
Debtor's former CEO's objection to exculpation and indemnification provisions of chapter 11 plan properly overruled.
Procedural posture

Appellant, the former chief executive of the debtor, challenged an order of the United States Bankruptcy Court for the Middle District of Georgia, that overruled his objections to confirmation of the Chapter 11 plan filed by the Official Committee of Unsecured Creditors, that included exculpation and indemnification provisions.

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Consumer opinion summary, case decided on September 25, 2008 , LexisNexis #1008-119
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Pankey v. New Century Mortg. Corp.

Aug
21
2008
Ruling
Bankruptcy court erred in holding that mortgage was not preferential where facts regarding perfection were disputed.
Procedural posture

Appellant bankruptcy trustee sought review of a decision of the bankruptcy court which granted summary judgment to appellee creditors, a mortgagee and its successor, in the trustee's adversary action seeking to avoid the chapter 7 debtors' mortgage as a preferential transfer pursuant to 11 U.S.C.S. § 547(b).

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Consumer opinion summary, case decided on August 21, 2008 , LexisNexis #0908-101
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Florida Dept of Revenue v. Adventure Parks Group LLC (In re Adventure Parks Group LLC)

Aug
13
2008
Procedural posture

Before the court was appellant State of Florida, Department of Revenue's challenge to the U.S. Bankruptcy Court for the Middle District of Georgia's finding that the transfer of assets from appellee debtor to an asset purchaser was exempt from taxes under 11 U.S.C.S. § 1146(a). Debtor filed a motion to dismiss appeal arguing that the appeal was moot. The purchaser filed a brief in support of the motion.

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Commercial opinion summary, case decided on August 13, 2008 , LexisNexis #0908-012
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