- 11 U.S.C.
Bachrach Clothing Inc. v. Bachrach (In re Bachrach Clothing Inc.)
Oct
10
2012
Ruling
Fraudulent transfer proceeding against debtor's former directors failed absent evidence that transferors had notice that sales of stock would injure debtor.
Procedural posture
Debtor sued its former directors and a related entity for violations of federal bankruptcy and Illinois fraudulent conveyance laws including 11 U.S.C.S. § 548 and 740 ILCS 160/5 and 740 ILCS 160/6 and also claimed breaches of fiduciary duties in connection with defendants' sale of debtor to a private investment firm (Buyer). They also sought to invalidate the sale as fraudulent and to recover the consideration paid.
ABI Membership is required to access the full summary of Bachrach Clothing Inc. v. Bachrach (In re Bachrach Clothing Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Mt. Zion Ltd. Pship
Jun
01
2012
Ruling
Accounting firm's fee application denied due to inclusion of charges for routine clerical or administrative activities and "lumping."
Procedural posture
Applicant, an accounting firm, sought an order allowing and providing for the payment of compensation on account of services that it provided to a chapter 11 debtor. At issue was whether compensation for certain items and services was properly paid under 11 U.S.C.S. § 330.
ABI Membership is required to access the full summary of In re Mt. Zion Ltd. Pship Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Evans v. Tomb (In re Tomb)
Feb
07
2012
Ruling
State court judgment for assault was nondischargeable.
Procedural posture
Judgment creditor filed an adversary proceeding against chapter 7 debtor seeking a determination that a judgment she obtained in state court was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
ABI Membership is required to access the full summary of Evans v. Tomb (In re Tomb) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Beermann Swerdlove LLP v. Korner (In re Korner)
Nov
03
2011
Ruling
Summary judgment in proceeding for denial of discharge due to false oaths or accounts denied absent evidence of intent by debtor to deceive.
Procedural posture
Creditor filed a complaint against chapter 7 debtor seeking denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4) on the grounds that the debtor knowingly and fraudulently made a false account or oath. The debtor filed a motion for summary judgment.
ABI Membership is required to access the full summary of Beermann Swerdlove LLP v. Korner (In re Korner) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Veal
Nov
01
2011
Ruling
Plan modified to include punitive damages received for stay violation in excess of wildcard exemption.
Procedural posture
A trustee sought modification of a chapter 13 plan pursuant to 11 U.S.C.S. § 1329 to include punitive damages awarded to the debtor.
ABI Membership is required to access the full summary of In re Veal Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
DH Northwest LLC v. Carey (In re National Jockey Club)
Mar
03
2011
Ruling
Arbitration award breaking tie vote of board of directors resolution was not a judgment that could serve as a basis for turnover of property.
Procedural posture
Plaintiff, in the name of a Chapter 11 debtor, filed a complaint against defendant, who was the president, manager, and a board member of a limited liability company (LLC) formed by the debtor, asserting a claim for turnover of estate property under 11 U.S.C.S. § 542(a) and a claim for breach of fiduciary duty under state law. Defendant filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), as incorporated by Fed. R. Bankr. P. 7012.
ABI Membership is required to access the full summary of DH Northwest LLC v. Carey (In re National Jockey Club) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Jones
Feb
24
2011
Ruling
Pawnbroker lacked standing to seek to amend confirmed plan.
Procedural posture
This matter came before the court on the motion to amend plan and certain limited relief from order confirming plan filed by a pawnbroker in the chapter 13 debtors' bankruptcy case. It sought leave to amend the Plan, pursuant to 11 U.S.C.S. § 1329, relief from stay pursuant to 11 U.S.C.S. § 362(d), relief from the confirmation order, pursuant to Fed. R. Civ. P. 60(b), made applicable by Fed. R. Civ. P. 9024.
ABI Membership is required to access the full summary of In re Jones Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Mader
Feb
10
2011
Ruling
IRS amended proof of claim for taxes owed by dissolved corporation originally formed by debtor disallowed.
Procedural posture
The Internal Revenue Service (IRS) filed an amended proof of claim listing a secured claim of $310,523, an unsecured debt of $873,811, and $1331 as a priority unsecured debt, for a total of $1,185,666. The matter came before the court on debtors' Objection to the IRS's Amended Claim.
ABI Membership is required to access the full summary of In re Mader Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Filian v. Jansma (In re Jansma)
Jan
27
2011
Ruling
Debt was not nondischargeable where debtor's statement that property securing loan was free and clear of liens was true when made.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking to except his debt from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(6).
ABI Membership is required to access the full summary of Filian v. Jansma (In re Jansma) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Erie Playce LLC
Dec
07
2010
Ruling
Chapter 11 debtors could pay contract rate of interest to mortgagee pending confirmation of plan within reasonable time.
Procedural posture
Debtor was a single asset real estate debtor. It filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. An assignee from a secured creditor holding a mortgage on real estate owned by debtor filed an objection to debtor's Motion to Direct the Receiver to Make Payments to the Assignee and Related Relief (Motion) under 11 U.S.C.S. § 362(d)(3).
ABI Membership is required to access the full summary of In re Erie Playce LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: