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River Rd. Hotel Partners LLC v. Amalgamated Bank

Jun
28
2011
Ruling
Denial of asset sale procedure that did not allow credit bids by secured creditors affirmed.
Procedural posture

Debtors challenged a decision of the U. S. Bankruptcy Court for the Northern District of Illinois, which denied the bid procedures motions that they filed in connection with their chapter 11 reorganization plans.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 28, 2011 , LexisNexis #0711-096
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Carrier Corp. v. Buckley (In re Globe Mfg. Corp.)

May
11
2009
Ruling
Belated installment payments to unsecured creditor during preference period properly held avoidable.
Procedural posture

In appellee bankruptcy trustee's action to recover preferential transfers made to appellant unsecured creditor pursuant to former 11 U.S.C.S. § 547(b), the creditor challenged the U.S. District Court for the Northern District of Alabama's decision affirming the bankruptcy court's granting judgment in favor of the trustee and declining to award prejudgment interest.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 11, 2009 , LexisNexis #0609-104
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Levey v. Systems Div. Inc. (In re Teknek LLC)

Apr
29
2009
Ruling
Injunction preventing creditor from pursuing action against debtor's shareholders properly vacated.
Procedural posture

Appellant bankruptcy trustee brought an action against the sole shareholders of a bankruptcy debtor and its affiliate, alleging that the shareholders were personally liable as alter egos for a judgment against the debtor and the affiliate. The trustee appealed the judgment of the U.S. District Court for the Northern District of Illinois which vacated an injunction barring appellee creditor from executing the judgment against the shareholders.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 29, 2009 , LexisNexis #0609-103
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Richmond v. New Hampshire Supreme Court Comm. on Profl Conduct

Sep
19
2008
Ruling
Assessment of fees against attorney in disciplinary proceeding was in nature of a fine or penalty and was nondischargeable.
Procedural posture

Appellant attorney was ordered to reimburse appellee New Hampshire Supreme Court Committee on Professional Conduct for the costs of bringing disciplinary proceedings against him. The attorney filed for chapter 7 bankruptcy. The bankruptcy court and the District Court for the District of New Hampshire found the cost assessments non-dischargeable under 11 U.S.C.S. § 523(a)(7). The attorney appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 19, 2008 , LexisNexis #1008-097
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Freeland v. Enodis Corp.

Sep
02
2008
Ruling
District court erred in holding transfers from debtor to parent company were avoidable where factual findings on veil piercing theory were necessary.
Procedural posture

Chapter 7 trustee pursued claims against defendants, a holding company, a parent corporation, and directors, to avoid transfers by a debtor and for breach of fiduciary duty. The District Court for the Northern District of Indiana, Hammond Division at Lafayette, affirmed a bankruptcy court's decisions both for and against the trustee and entered judgment for the trustee on certain claims. The parties appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 02, 2008 , LexisNexis #0908-139
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