- 28 U.S.C.
Bulk Petroleum Corp. v. Kentucky Dept. of Revenue (In re Bulk Petroleum Corp.)
Jul
31
2015
Ruling
Resolution of tax dispute between debtor and state was a final appealable judgment.
Issue(s)
Was bankruptcy court judgment resolving state tax dispute a final appealable judgment?
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Pajian
May
11
2015
Ruling
Secured creditors are subject to the 90-day filing deadline in Rule 3002(c).
Issue(s)
Whether a bankruptcy court erred when it overruled a chapter 13 debtor's objection to a bank's proof of claim on the basis of its holding that the 90-day deadline in Fed. R. Bankr. P. 3002(c) did not apply to secured creditors.
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Court
:
Judge or Jurisdiction information not available
In re Mississippi Valley Livestock Inc.
Mar
12
2014
Ruling
Denial of recovery of funds paid by cattle seller to supplier reversed for determination of whether the funds were subject to a constructive trust.
Issue(s)
Were payments by debtor in the business of buying and selling fatted livestock for slaughter and processing to supplier representing completed sales avoidable by trustee as preferential?
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Griffin Trading Co.
Jun
25
2012
Ruling
Finding that debtor's controlling partners did not breach fiduciary duties by allowing use of customer funds reversed.
Procedural posture
Appellant bankruptcy trustee initiated an adversary action against appellees, the partners in control of debtor futures commission merchant, asserting that the partners' violated their fiduciary duties. The U.S. District Court for the Northern District of Illinois, Eastern Division, affirmed the bankruptcy court's holding that the trustee failed to establish that the partners actually caused the loss of customer funds. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Meyers
Aug
02
2010
Ruling
Debtor properly ordered to turn over prepetition portion of tax refunds.
Procedural posture
Debtor petitioned the bankruptcy court for chapter 7 relief approximately 73% of the way through the 2007 tax year. The trustee moved for turnover of the estate's share of debtor's 2007 federal and state tax refunds under 11 U.S.C.S. § 542. Debtor objected to the motion. The bankruptcy court and the District Court for the Southern District of Illinois ordered debtor to turn over the amount requested by the trustee. Debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Illinois Inv. v. American Grading Co.
Apr
08
2009
Ruling
Trustee could not assign lease that had terminated due to trustee's failure to make royalty payment.
Procedural posture
Appellant, a company that wanted to acquire a chapter 7 bankruptcy debtor's right to operate a methane gas collection and conversion system at a landfill, filed an appeal after a bankruptcy court declared that the debtor's lease with appellee landfill owner had terminated. The company sought further review after the District Court for the Northern District of Illinois upheld the bankruptcy court's decision.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Vasquez v. Georgia Dept of Human Res. Office of Child Support Servs.
Sep
30
2008
Ruling
Bankruptcy court erred in assuming wage granishment by state was related to a valid domestic support obligation.
Procedural posture
Appellant debtor sought review of a decision of a bankruptcy court, which denied the debtor's motion to stop the garnishment of the debtor's wages by appellee the Georgia Department of Human Resources, Office of Child Support Services (State).
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Court
:
- 28 U.S.C.
In re Comdisco Inc.
Aug
13
2008
Ruling
Denial of motion for termination of litigation trust did not terminate adversary proceeding and was not final appealable order.
Procedural posture
Appellee corporate debtor's reorganization plan authorized the creation of a litigation trust. Appellants, several of the debtor's former executives and high level employees, unsuccessfully moved in bankruptcy court to terminate the trust. Appellants sought further review after the United States District Court for the Northern District of Illinois, Eastern Division, affirmed the bankruptcy court's order denying their termination motion.
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Court
:
Judge or Jurisdiction information not available
Abbatiello v. Monsanto Co.
Mar
08
2007
Ruling
Unliquidated tort claim based on exposure to PCBs manufactured by debtor was not subject to mandatory abstention.
Procedural posture
Plaintiffs, employees of an electric company, filed an action against defendants, three corporations that were formed from a company that had manufactured polychlorinated biphenyls ("PCBs"), claiming that they suffered serious personal injuries because of exposure to PCBs. Defendants removed the action from state court. Before the court was plaintiffs'motion to remand the action to state court.
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Court
:
In re Salem
Oct
10
2006
Ruling
Debtor could not convert chapter 7 case filed in one district court to a chapter 13 case filed in another district court.
Procedural posture
A chapter 13 debtor appealed after a Northern District of Illinois bankruptcy court denied his proposed chapter 13 plan and dismissed his bankruptcy case. The debtor sought further review after the District Court for the Northern District of Illinois affirmed the bankruptcy court's dismissal order and other interlocutory orders. The debtor raised error claims regarding the handling of his chapter 13 case.
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