Judge Kwan

In re Autosport Intl Inc.

Pursuant to Fed. R. Bankr. P. 9019, petitioner chapter 7 trustee filed a motion for court approval of a compromise reached between the trustee and certain attorneys, which had resulted in a reduction of the attorneys' professional fees and costs claimed in recovering a major asset of the bankruptcy estate. Respondent creditors opposed the motion.
Ruling: 
Compromise between trustee and attorneys who recovered estate property and incurred fees under exigent circumstances without prior authorization approved over creditors' objections.
ABI Membership is required to access the full summary of In re Autosport Intl Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 24,2013, LexisNexis #0713-105

In re Worldwide Educ. Servs.

Voluntary liquidator of chapter 15 debtor filed a motion for preliminary stay, seeking the imposition of the automatic stay under 11 U.S.C.S. § 362(a) pending the outcome of his petition for recognition of foreign proceedings.
Ruling: 
Foreign representative denied stay of two lawsuits that were on the verge of trial.
ABI Membership is required to access the full summary of In re Worldwide Educ. Servs.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 17,2013, LexisNexis #0713-067

In re JRG Props. LLC

On October 9, 2012, the bankruptcy court orally ruled that the case would be dismissed for failure to file operating reports. However, the order dismissing the case was not signed and entered until October 18, 2012; the case was closed on November 13, 2012. The creditor proceeded with a foreclosure sale of the property on October 9, 2012; on March 1, 2013, he moved for retroactive annulment of the stay under 11 U.S.C.S. § 362(d).
Ruling: 
Retroactive relief from stay to validate foreclosure conducted before case was officially dismissed and closed denied.
ABI Membership is required to access the full summary of In re JRG Props. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 28,2013, LexisNexis #0613-077

In re DBI Hous. Inc.

In a chapter 11 bankruptcy proceeding, a creditor moved for relief from the automatic stay for a lack of adequate protection of its lien pursuant to 11 U.S.C.S. § 362(d)(1), for failure to commence required installment payments pursuant to 11 U.S.C.S. § 362(d)(3), and for bad faith pursuant to 11 U.S.C.S. § 362(d)(4) on the grounds that the bankruptcy case affecting its real property collateral was a serial bankruptcy filing.
Ruling: 
Relief from stay denied given equity cushion in property of non-single asset real estate debtor.
ABI Membership is required to access the full summary of In re DBI Hous. Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 22,2013, LexisNexis #0613-115

Dye v. Sachs (In re Flashcom Inc.)

Litigating trustee filed an adversary proceeding against transferees, seeking a determination that she was allowed under 11 U.S.C.S. § 547(b) to recover transfers which a California corporation made to the transferees before it declared chapter 11 bankruptcy. The trustee asked the court to enter judgment in the amount of $9 million after three transferees failed to make a payment they owed under a settlement agreement.
Ruling: 
Transferees ordered to turn over amount tendered after settlement agreement deadline but late penalty was unenforceable.
ABI Membership is required to access the full summary of Dye v. Sachs (In re Flashcom Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 05,2013, LexisNexis #0313-121

Dye v. Sachs (In re Flashcom Inc.)

Moving defendants, who were alleged to have benefitted from certain preferential transfers, sought the imposition of sanctions against plaintiff, the chapter 11 liquidating trustee, and her prior counsel, pursuant to Fed. R. Bankr. P. 9011. The trustee had filed a vexatious motion in limine seeking to deprive the moving defendants of the right to raise a defense to the trustee's preference complaint.
Ruling: 
Trustee sanctioned for filing vexatious motion in limine seeking to reargue failed preference proceeding.
ABI Membership is required to access the full summary of Dye v. Sachs (In re Flashcom Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 11,2012, LexisNexis #1112-068

In re Ashworth

Chapter 13 debtor objected to a claim filed by a creditor, the debtor's former spouse.
Ruling: 
Divorce judgment ordering debtor to pay alimony was a domestic support obligation.
ABI Membership is required to access the full summary of In re Ashworth. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 01,2012, LexisNexis #1012-106

Felger v. Zaidi (In re Zaidi)

Following an entry of judgment in favor of defendant chapter 7 debtor in a complaint for nondischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), the debtor filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011(b) against plaintiff creditor.
Ruling: 
Sanctions awarded against judgment creditor attorney for willful filing of baseless nondischargeability proceeding.
ABI Membership is required to access the full summary of Felger v. Zaidi (In re Zaidi). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 10,2012, LexisNexis #1012-070

In re Lopez

Chapter 7 debtor filed an adversary proceeding against defendant, the State of California State Board of Equalization ("SBE"), seeking a determination that a tax liability the SBE assessed under Cal. Rev. & Tax. Code § 6829 was dischargeable under 11 U.S.C.S. § 523(a)(1)(A). The case was tried to the court.
Ruling: 
Debt for state sales tax not paid by debtor's business was nondischargeable.
ABI Membership is required to access the full summary of In re Lopez. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 27,2012, LexisNexis #0912-047

In re DBI Hous. LLC

This matter came on for hearing on debtor's Motion for Order Disallowing Claim. The claimant was a law firm debtor retained prepetition to handle a check cashing related dispute between debtor and a another company and its principal. The claimant had filed a Proof of Claim (POC) in the amount of $30,001 for unpaid attorney's fees.
Ruling: 
Claim for attorneys' fees disallowed as disproportionate to likely recovery.
ABI Membership is required to access the full summary of In re DBI Hous. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 29,2012, LexisNexis #0912-115

Pages

Subscribe to Judge Kwan