Judge Broomfield

Smith v. Ace Ins. Co. Ltd. (In re BCE West L.P.)

Plaintiff, a bankruptcy plan trustee, filed an adversary proceeding against defendants, an insurance company and its attorneys, for, inter alia, an injunction that would prevent defendants from proceeding with an action and arbitration in Bermuda, sanctions for violations of the Barton doctrine, and breach of contract. The matter was referred to a bankruptcy court. Defendants filed a motion to withdraw the reference to a bankruptcy court.
Ruling: 
Court declined to withdraw reference of proceeding seeking injunction preventing continuation of Bermuda arbitration proceeding.
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Mann v. GTCR Golder Rauner LLC

Plaintiff, the trustee for a debtor in chapter 7 bankruptcy, moved for summary judgment in her adversary proceeding against defendants, a second consulting company, its owner, and the owner's wife, to avoid the sale of the debtor's assets to the second consulting company as a preferential transfer under 11 U.S.C. § 547.
Ruling: 
Sale of debtor's assets to another company owned by debtor's former CEO was not preferential as debtor was not an insider at time of transfer.
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