Minnesota

Manty v. Ahmad Helal (In re Fifty Below Sales & Mktg.)

Plaintiffs, a bankruptcy trustee and a purchaser of a bankruptcy debtor's ongoing business, brought an action in state court against defendant former employees of the debtor to enforce covenants not to compete and of confidentiality in the employment agreements of the employees. The employees removed the claims to the bankruptcy court, and the trustee and the purchaser moved for abstention and remand to state court under 28 U.S.C.S. § 1334(c).
Ruling: 
Bankruptcy court abstained from non-compete and confidentiality claims against debtor's former employer.
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Commercial case opionion summary, case decided on April 12,2013, LexisNexis #0513-034

Dietz v. Barth (In re Barth)

Bankruptcy trustees filed adversary proceedings in three chapter 7 bankruptcy cases, seeking orders requiring debtors, who were all members of the Lower Sioux Indian Community, to turn over postpetition payments they received from the Community. The debtors opposed the trustees' actions, and the parties filed cross-motions for summary judgment.
Ruling: 
Postpetition payments to debtor from Indian community for gaming operation were not property of the estate.
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Consumer case opionion summary, case decided on February 11,2013, LexisNexis #0313-022

In re Flagship Franchises of Minn. LLC

Chapter 11 debtor, an adult health care day center, filed an expedited motion requesting that the court determine that the appointment of a patient care ombudsman was not necessary here pursuant to 11 U.S.C.S. § 333(a)(1).
Ruling: 
Appointment of patient care ombudsman denied as not necessary for protection of debtor's clients.
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Commercial case opionion summary, case decided on January 04,2013, LexisNexis #0213-040

Ries v. Legendary Marine Inc. (In re Genmar Holdings Inc.)

Trustee sought summary judgment on its claim to recover a preference per 11 U.S.C.S. § 547 from defendant creditor. When defendant moved for summary judgment on claims that it was entitled to a setoff per 11 U.S.C.S. § 553 and /or to common law recoupment, plaintiff challenged the availability of either remedy.
Ruling: 
Creditor not entitled to setoff against preference claim.
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Commercial case opionion summary, case decided on October 29,2012, LexisNexis #1112-096

Heide v. David L. (In re David L.)

Following a reversal and remand by the Bankruptcy Appellate Panel for the Eighth Circuit, trial was held on plaintiff creditor's complaint against chapter 7 debtor husband seeking a determination of nondischargeability pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
False representations in agreements to finance vehicles for sale at used car dealership resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1212-015

Stoebner v. Ritchie Capital Mgmt. LLC (In re Polaroid Corp.)

Plaintiff chapter 7 trustee's adversary proceeding sought to avoid, under 11 U.S.C. §§ 548, 544, the grant of security interests to defendants, entities that claimed to hold an enforceable security interest in certain aspects of debtor's intellectual property, specifically certain trademarks and associated rights. The trustee sought other relief, alternatively or additionally. The trustee moved for partial summary judgment.
Ruling: 
Grant of security interest in property made only to delay, hinder or defraud could be avoided.
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Commercial case opionion summary, case decided on April 30,2012, LexisNexis #0512-089

In re Zellmer

This matter came before the court on the chapter 13 Trustee's motion to dismiss or convert for failure of debtor to make payments due as required by the confirmed plan in the case. Debtor countered with a motion to confirm a proposed modified plan, to which the trustee objected.
Ruling: 
Plan modification denied due to failure to provide required number of monthly payments.
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Consumer case opionion summary, case decided on February 23,2012, LexisNexis #0312-134

FIA Card Servs. V. Knoche (In re Shahidulla)

Credit card company filed a proceeding seeking to except from discharge, pursuant to 11 U.S.C.S. § 523(a)(2)(A), $3,359 plus interest in credit card debt owed by defendant debtor. The matter was before the court pursuant to paragraph 3 of its order dated January 13, 2012 in which it ordered the parties to file briefs on the issue of whether it should enter an award of costs and reasonable fees to debtor pursuant to 11 U.S.C.S. § 523(d).
Ruling: 
Debtor awarded attorneys' fees and costs for defending nondischargeability proceeding that did not have reasonable basis in fact.
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Consumer case opionion summary, case decided on February 22,2012, LexisNexis #0412-019

FIA Card Servs. V. Knoche (In re Shahidulla)

Credit card company filed a proceeding seeking to except from discharge, pursuant to 11 U.S.C.S. § 523(a)(2)(A), $3,359 plus interest in credit card debt owed by defendant debtor. The matter was before the court pursuant to paragraph 3 of its order dated January 13, 2012 in which it ordered the parties to file briefs on the issue of whether it should enter an award of costs and reasonable fees to debtor pursuant to 11 U.S.C.S. § 523(d).
Ruling: 
Debtor awarded attorneys' fees and costs for defending nondischargeability proceeding that did not have reasonable basis in fact.
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Consumer case opionion summary, case decided on February 22,2012, LexisNexis #0312-125

Ritchie Capital Mgmt. LLC v. Jeffries

Defendant corporate officers filed motions to dismiss plaintiff investment funds' action, which alleged violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.S. § 1962(a),(c)-(d), common law fraud, and tortious interference with contract.
Ruling: 
Abstention proper for RICO action filed for tactical purposes that duplicated ongoing adversary proceeding.
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Commercial case opionion summary, case decided on February 02,2012, LexisNexis #0212-139

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