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Collins v. Sidharthan (In re KSRP Ltd.)

Ruling
Contractual indemnity claim was properly found to be "related to" debtor's bankruptcy.
Issue(s)
Did the bankruptcy and district courts lack "related to" jurisdiction over creditor's proceeding against debtor's contractual indemnity claim against an officer of debtor's general partner the officer's cross-claims for indemnity and contribution against the debtor had no possibility of succeeding?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on December 15, 2015 , LexisNexis #0116-069

Firefighters Ret. Sys. v. Citco Grp. Ltd.

Ruling
District court could not permissively abstain from exercising jurisdiction in a case that was related to chapter 15 bankruptcies
Issue(s)
Could district court permissively abstain from exercising jurisdiction in proceedings related to chapter 15 cases?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 06, 2015 , LexisNexis #0915-034

U.S. Bank v. Verizon Communs. Inc.

Ruling
Liquidation trust not entitled to a jury trial on fraudulent transfer claims which were precluded by debtor's solvency at time of spin-off from parent.
Issue(s)
Whether a litigation trust for a bankruptcy estate has a right to a jury trial on a fraudulent transfer claim against a creditor when the creditor has filed a proof of claim in the bankruptcy proceedings and the bankruptcy court is required, before disposing of that claim, to determine whether property of the creditor is recoverable as a fraudulent transfer?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 30, 2014 , LexisNexis #0814-131

Eaton v. Ford Motor Credit Co.

Ruling
Debt owed by auto dealer for conversion properly held nondischargeable.
Procedural posture

Creditor filed an adversary proceeding against debtor in the United States Bankruptcy Court for the Middle District of Tennessee, seeking damages and a judgment of nondischargeability of a debt owed under an automobile dealership financing agreement. The bankruptcy court entered judgment in favor of the creditor. The debtor appealed.

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Commercial opinion summary, case decided on August 17, 2012 , LexisNexis #0912-050

IBM Southeast Emples. Fed. Credit Union v. Collins

Ruling
Plan confirmation did not provide basis for res judicata dismissal of trustee's proceeding based on debtor's prepetition right of action.
Procedural posture

After a bankruptcy debtor's reorganization plan was confirmed, appellee bankruptcy trustee brought an adversary proceeding against appellants, a credit union and its service organization, with regard to alleged mishandling of the debtor's sales tax account. The appellants sought review of the order of the Bankruptcy Court for the Middle District of Tennessee which denied a motion to dismiss the proceeding based on res judicata.

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Commercial opinion summary, case decided on September 17, 2008 , LexisNexis #1108-102

Kaye v. Carlisle Tire & Wheel Co.

Ruling
Bankruptcy court properly upheld debtor's settlement agreement with creditor executed more than 90 days prepetition.
Procedural posture

Appellant Trustee of the chapter 11 liquidating trust challenged a decision of the United States Bankruptcy Court for the Middle District of Tennessee, Nashville Division, that dismissed the Trustee's claims against appellee creditor. The creditor filed a cross-appeal.

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Commercial opinion summary, case decided on March 27, 2008 , LexisNexis #0408-100