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In re CS DIP LLC

Oct
09
2015
Ruling
Portion of settlement proposing bar against direct action by non-debtors against debtor's insurer could not be approved.
Issue(s)
Could a settlement of insurer's liability in dental clinic's bankruptcy that included a bar on direct action by non-debtors against the insurer be approved?

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Commercial opinion summary, case decided on October 09, 2015 , LexisNexis #1115-035
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In re Oreck Corp.

Mar
10
2014
Ruling
"Stub rent" owed between petition date and debtor's first postpetition payment was not a priority claim where full payment had been due prior to petition date.
Issue(s)
Was creditor landlord entitled to an administrative expense claim for "stub rent" incurred between petition date and debtor's first postpetition rent payment?

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Commercial opinion summary, case decided on March 10, 2014 , LexisNexis #0614-009
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Equipment Finders Inc. v. Firemans Fund Ins. Co. (In re Equipment Finders Inc.)

Jun
12
2012
Ruling
Postconfirmation adversary proceeding based on denial of flood insurance coverage to debtor dismissed as not related to bankruptcy.
Procedural posture

Months after confirmation, plaintiff, a reorganized chapter 11 debtor, filed an adversary proceeding asserting state law and contract claims against defendant non-creditors. The non-creditors filed a motion for dismiss for lack of subject matter jurisdiction.

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Commercial opinion summary, case decided on June 12, 2012 , LexisNexis #0712-067
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N1 Creditors Trust v. Crown Packaging Corp. (In re Nukote Intl Inc.)

Sep
02
2011
Ruling
Small-dollar home court venue exception applied to non-consumer, non-insider preference proceeding between creditors' trust and corporation.
Procedural posture

Plaintiff creditors' trust brought a non-consumer, non-insider preference action under 11 U.S.C.S. § 547(a) against defendant, a corporation that resided in Missouri, for an amount less than $11,725. The Missouri corporation moved to dismiss the preference proceeding for lack of proper venue, arguing that the action could only properly be brought in Missouri, pursuant to 28 U.S.C.S. § 1409(b).

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Commercial opinion summary, case decided on September 02, 2011 , LexisNexis #1011-030
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Love v. Scott (In re Love)

Jan
12
2011
Ruling
Costs assessed in debtor lawyer's disciplinary proceeding were compensation for actual pecuniary losses that were discharged so that nonpayment could not prevent reinstatement of license.
Procedural posture

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant Chairman of the Tennessee Board of Professional Responsibility (TBPR) seeking a determination that the debtor's prior bankruptcy discharge precluded the TBPR from refusing to reinstate the debtor's license as an attorney until the debtor paid prior costs of disciplinary proceedings. The debtor and the Chairman cross-moved for summary judgment.

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Consumer opinion summary, case decided on January 12, 2011 , LexisNexis #0211-055
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HHP-Brentwood LLC v. Aurora Loan Servs. LLC (In re Surti)

Aug
13
2010
Ruling
Deed of trust on entireties property signed by both debtor spouses created valid secured claim despite securing note signed by only one debtor.
Procedural posture

Plaintiff, a creditor treated as unsecured by debtors' Chapter 11 plan, filed this adversary proceeding against defendant, a creditor treated as fully secured under debtors' plan, challenging the validity and extent of defendant's lien. Before the court were cross-motions for summary judgment.

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Consumer opinion summary, case decided on August 13, 2010 , LexisNexis #1110-113
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In re Hayes

Nov
01
2007
Ruling
Protection of hanging pargraph not available for non-purchase money security interest portions of debt.
Procedural posture

In proceedings that were consolidated for a decision, the debtors filed for relief under chapter 13, and had proposed in their chapter 13 plans to "strip down" the amounts owed to the creditors for financed vehicles. The creditors objected to the proposed plan payments, and claimed that they held purchase money security interests ("PMSI") for the full amounts financed pursuant to 11 U.S.C. § 1325.

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Consumer opinion summary, case decided on November 01, 2007 , LexisNexis #1207-123
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