Piper v. Dollar Gen. Corp.

Sep

2011

Ruling

Debtor, but not trustee, was estopped from pursuing unscheduled lawsuit.

Procedural posture

Defendant, a former employer of plaintiff Chapter 13 debtor, filed a motion for summary judgment in the debtor's disability discrimination action, alleging that the debtor was judicially estopped from pursuing her claim against the creditor.

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Court :

Middle District of Tennessee ( Judge Trauger ) [ District Court ]

Consumer opinion summary, case decided on September 29, 2011 , LexisNexis #1011-120

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11 U.S.C.

Hyundai Translead Inc. v. Jackson Truck & Trailer Repair Inc.

Dec

2009

Ruling

Manufacturer could pursue fraudulent transfer claim against debtor to satisfy unpaid settlement.

Procedural posture

Plaintiff trailer manufacturer sued defendants, dealers, and alleged that the dealers had fraudulently transferred assets to avoid paying a dealer's creditors. The dealers moved for determination and the manufacturer moved to strike.

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Court :

Middle District of Tennessee ( Judge Trauger ) [ District Court ]

Commercial opinion summary, case decided on December 04, 2009 , LexisNexis #1209-139

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28 U.S.C.
- § 157
- § 157(d)

Nukote Intl Inc. v. Office Depot Inc.

Nov

2009

Ruling

Non-core prepetition right of action arising under state law was appropriate for permissive withdrawal.

Procedural posture

Plaintiff manufacturer alleged that as a direct result of the breakdown of its business relationship with defendant retailer the manufacturer was forced to file for chapter 11 bankruptcy protection. The manufacturer filed an adversary proceeding in the bankruptcy court against the retailer and asserted, inter alia, breach of contract and fraudulent and negligent misrepresentation. The retailer moved to withdraw the reference.

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Court :

Middle District of Tennessee ( Judge Trauger ) [ District Court ]

Commercial opinion summary, case decided on November 16, 2009 , LexisNexis #1209-063

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11 U.S.C.
- § 548

Hyundai Translead Inc. v. Jackson Truck & Trailer Repair Inc.

Oct

2009

Ruling

Manufacturer's state law, common law and fraudulent transfer claims against involuntary debtor dismissed.

Procedural posture

Plaintiff manufacturer sued defendants, dealerships, their owners, and the chief financial officer (CFO), and asserted claims for fraudulent transfer, conversion, fraudulent and negligent misrepresentation, and successor liability. The manufacturer filed an involuntary chapter 7 bankruptcy petition against one of the dealerships. The court granted derivative standing to the manufacturer. The dealerships, the owners, and the CFO moved to dismiss.