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In re Collins & Aikman Corp.

Apr
01
2008
Ruling
Creditor entitled to administrative expense claim for executory contracts not rejected before completion which benefitted estate.
Procedural posture

A creditor of a chapter 11 debtor filed a motion for allowance of administrative expense pursuant to 11 U.S.C.S. § 503(b), seeking an administrative expense for two groups of invoices.

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Commercial opinion summary, case decided on April 01, 2008 , LexisNexis #0408-131
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In re Sanders

May
18
2007
Ruling
Debtor not entitled to discharge in chapter 13 case filed within four years of chapter 7 discharge.
Procedural posture

The debtors filed for relief under chapter 13, and submitted a proposed plan. The trustee objected to the plan and requested that the debtors not receive a discharge, pursuant to 11 U.S.C. § 1328(f)(1).

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opinion summary, case decided on May 18, 2007 , LexisNexis #0807-056
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In re Enderle

Oct
05
2006
Ruling
Creditor lessor was allowed administrative expense for sale of vehicle of which debtor had assumed lease.
Procedural posture

Bankruptcy debtors assumed a vehicle lease under their confirmed chapter 13 plan, but the debtors subsequently defaulted on the lease. With bankruptcy court approval the lessor sold the vehicle, and the lessor moved for allowance of an administrative claim for the deficiency balance plus attorney fees.

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opinion summary, case decided on October 05, 2006 , LexisNexis #1106-084
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Collins & Aikman Corp. v. Northern Trust Bank of Cal. (In re Collins & Aikman Corp.)

Aug
09
2006
Ruling
Debtors were entitled to turnover of "rabbi trust" assets.
Procedural posture

Plaintiffs, corporate debtors, filed a complaint against defendant, the trustee of a grantor trust or "rabbi trust" that the debtors, as employers, established to create a source of funding for otherwise unfunded benefit plans. The complaint sought the turnover of all assets of the trust. The trust beneficiaries moved to intervene claiming they were entitled to the assets of the trust. The debtors moved for summary judgment.

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opinion summary, case decided on August 09, 2006 , LexisNexis #0906-025
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In re Jones

Mar
31
2006
Ruling
Attorney was compensated only for those hours reasonably expended to file the case and obtain the stay since the attorney should have advised debtor that filing a chapter 13 plan was not feasible.
Procedural posture

The debtor's attorney filed a fee application requesting approval of fees of $1,917.85 plus costs of $74.33. The bankruptcy court had awarded $500.00 in fees and $74.33 in costs. On appeal, the district court remanded the fee application for determination consistent with the Sixth Circuit's decision in Boddy.

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opinion summary, case decided on March 31, 2006 , LexisNexis #0506-007
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Shapiro v. First Franklin Fin. Corp. (In re Rechis)

Mar
23
2006
Ruling
Mortgage was avoided as a preferential transfer since the debtor's effort to exempt the property as entireties property after an 18-month delay was not allowed.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, creditors, seeking to avoid a mortgage as a preferential transfer. The trustee moved for summary judgment. The debtor amended her schedule to claim an exemption in the underlying real property as property held by the entireties. The trustee objected to the claimed exemption under the doctrine of laches.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0406-058
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Yun Zhong Qui v. Ci Qing Zhou (In re Ci Qing Zhou)

Oct
06
2005
Ruling
Judgment debt against the debtor for defamation and infliction of emotional distress was dischargeable since the schizophrenic debtor had believed the creditor sexually assaulted her and thus did not act maliciously toward the creditor.
Procedural posture

Plaintiff judgment creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that the judgment debt against the debtor for defamation and infliction of emotional distress was not dischargeable under 11 U.S.C. § 523(a)(6) based on the debtor's false accusations that the creditor committed sexual assaults.

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opinion summary, case decided on October 06, 2005 , LexisNexis #0106-088
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