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Sumner Anesthesia Assocs. v. Hubbell

Dec
17
2009
Ruling
District court case dismissed and bankruptcy case reopened to allow estate to pursue claim not previously disclosed.
Procedural posture

Plaintiffs, present shareholders in a professional association, brought a declaratory judgment action against defendants, a former shareholder and his attorneys. Plaintiffs sought summary judgment on the grounds that defendants failed to disclose an underlying state court case when the former shareholder filed for bankruptcy, and defendants had no standing to pursue the state court case. Defendants moved for summary judgment and for sanctions.

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Commercial opinion summary, case decided on December 17, 2009 , LexisNexis #0110-057
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XL Specialty Ins. Co. v. James River Coal Co. (In re James River Coal Co.)

Aug
31
2006
Ruling
Bankruptcy court did not err in finding that sureties were not entitled to administrative expense claim for premiums accrued on prepetition bonds.
Procedural posture

Appellant sureties challenged an order from a United States bankruptcy court, which granted a summary judgment motion filed by appellees, a debtor and several of its subsidiaries, and denied the sureties'motion to reconsider the denial of their application for allowance of an administrative claim. In their application, the sureties sought allowance of the premiums accrued on certain bonds as an administrative expense under 11 U.S.C. § 503(b).

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opinion summary, case decided on August 31, 2006 , LexisNexis #1006-054
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