In re C.P. Hall Co. v. Columbia Casualty Co.
Apr
24
2014
Ruling
Excess insurer that might suffer collateral damage from approval of debtor's asbestos liability settlement was not a party in interest that could intervene in debtor's case.
Issue(s)
Whether an excess insurer could intervene in a bankruptcy proceeding seeking approval of a settlement agreement between the debtor and another party.
ABI Membership is required to access the full summary of In re C.P. Hall Co. v. Columbia Casualty Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Peel
Aug
02
2013
Ruling
Debtor's objection to removal of annuity from estate should have been sustained.
ABI Membership is required to access the full summary of In re Peel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Palomar v. First Am. Bank
Jul
11
2013
Ruling
Debtors could not reduce valid lien to value of property.
Procedural posture
The United States District Court for the Northern District of Illinois, Eastern Division, affirmed the dismissal of appellant homeowners' adversary action against appellee bank. The homeowners appealed.
ABI Membership is required to access the full summary of Palomar v. First Am. Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Fogel v. Shabat (In re Draiman)
Apr
08
2013
Ruling
Appointment of interim trustee by default did not extend statute of limitations for avoidance proceedings.
Procedural posture
In a consolidated case, appellants, defendants in adversary actions, sought judicial review of the ruling by the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, that the appointment of an interim trustee extended the statute of limitations for avoidance actions in bankruptcy.
ABI Membership is required to access the full summary of Fogel v. Shabat (In re Draiman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Jensdusa-Nicolai v. Larsen
Apr
18
2012
Ruling
Judgment resulting from injuries sustained in debtor's attempted murder of former spouse properly held nondischargeable.
Procedural posture
Defendant chapter 7 debtor appealed a decision of the District Court for the Eastern District of Wisconsin affirming a bankruptcy court decision, which ruled that debts owed to plaintiff judgment creditor were nondischargeable under 11 U.S.C.S. § 523(a)(6).
ABI Membership is required to access the full summary of Jensdusa-Nicolai v. Larsen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- FRBP
In re IFC Credit Corp.
Dec
05
2011
Ruling
Signing of original petition by debtor corporation's president, and not by lawyer, did not make case void, when promptly corrected.
Procedural posture
Debtor corporation's bankruptcy trustee and appellant creditor settled a preferences claim conditional on a determination that the bankruptcy court had jurisdiction over it. The bankruptcy court and the U.S. District Court for the Northern District of Illinois both rejected the creditor's argument that the fact that the original petition for bankruptcy was not signed by a lawyer made the bankruptcy proceeding void. The creditor appealed.
ABI Membership is required to access the full summary of In re IFC Credit Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- FRBP
In re Fort Wayne Telsat Inc.
Nov
23
2011
Ruling
Trustee acted reasonably in settling debtor's action arising from FCC license.
Procedural posture
Creditor opposed abandonment of a claim but the bankruptcy judge conducted a hearing and concluded that the trustee had acted prudently in settling appellee debtor's entire claim against a university, arising from a broadcast license, for $100,000. The United States District Court for the Northern District of Indiana, agreed. The creditor appealed.
ABI Membership is required to access the full summary of In re Fort Wayne Telsat Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Resource Tech. Corp.
Oct
31
2011
Ruling
Denial of administrative expense claim for hotel allegedly devalued by debtor's adjacent failed landfill affirmed.
Procedural posture
After conversion from Chapter 11 to 7, and four days after a trustee was appointed, the debtor's gas collection system at a landfill failed, creating a nuisance to a neighboring hotel, whose owner, as a creditor, filed an 11 U.S.C.S. §§ 503(b)(1)(A), 507(a)(2), administrative claim. The U.S. District Court for the Northern District of Illinois, Eastern Division, affirmed the rejection of the administrative claim. The owner appealed.
ABI Membership is required to access the full summary of In re Resource Tech. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Turner
Jul
20
2009
Ruling
Bankruptcy court's rejection of trustee's objection to deduction of mortgage payments from debtor's disposable income reversed.
Procedural posture
Appellee debtor filed a chapter 13 bankruptcy petition. Pursuant to 11 U.S.C.S. § 1325(b)(1) and 11 U.S.C.S. § 707(b)(2)(A)(ii)(I), the debtor's monthly mortgage expense was deducted from his income to determine his disposable income. The United States Bankruptcy Court for the Southern District of Indiana rejected appellant trustee's objection to the deduction. The order was certified for appeal.
ABI Membership is required to access the full summary of In re Turner Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Baldi v. Samuel Son & Co.
Nov
24
2008
Ruling
Bankruptcy court properly refused to avoid payments to creditor where expert who sought to establish debtor's insolvency at time of transfers was not credible.
Procedural posture
Appellant bankruptcy trustees filed an adversary proceeding against appellee creditors seeking to recover, pursuant to 11 U.S.C.S. § 544(b) and 740 ILCS 160/6(a), payments that a debtor company paid to the creditors. The trustees appealed after a bankruptcy court ruled against them. They appealed again after the United States District Court for the Northern District of Illinois, Eastern Division, affirmed the bankruptcy court's decision.
ABI Membership is required to access the full summary of Baldi v. Samuel Son & Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available