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Financial Servs. Vehicle Trust v. Barlaam (In re Barlaam)

Jul
31
2013
Ruling
Car lease debt was nondischargeable due to misrepresentation of income on which creditor relied.

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Consumer opinion summary, case decided on July 31, 2013 , LexisNexis #0813-086
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In re Internet Specialties West Inc.

Jul
16
2013
Ruling
Fees of state-appointed receiver and counsel entitled to administrative expense status.
Procedural posture

State court-appointed receiver and his counsel sought administrative priority for their fees and expenses that were incurred in the chapter 11 debtor's bankruptcy case. The priority of both the receiver's fees and those of his counsel had been put in question by the debtor in its opposition to the final report and fee requests. The court had awarded the counsel $40,000 in compensation.

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Commercial opinion summary, case decided on July 16, 2013 , LexisNexis #0813-011
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Davies v. Davies (In re Davies)

May
31
2013
Ruling
State court judgment affirming arbitration award for fiduciary defalcation was nondischargeable.
Procedural posture

Plaintiff creditor filed an adversary complaint against defendant debtors, seeking a determination that their debts were nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), and (a)(6), and a determination under 11 U.S.C.S. § 524 that even if a debt was dischargeable as to one debtor, nondischargeability should extend to their community property. plaintiff filed a motion for summary judgment.

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Consumer opinion summary, case decided on May 31, 2013 , LexisNexis #0713-018
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In re Orange County Nursery Inc.

Sep
04
2012
Ruling
Claim for recovery of equity investors subordinated.
Procedural posture

This valuation arose from a dissolution action of debtor corporation. Debtor sought an order from the court that the Minority Voting Trust (hereafter "Minority") held an equity interest and was not an unsecured creditor.

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Commercial opinion summary, case decided on September 04, 2012 , LexisNexis #1012-082
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In re Leather Factory Inc.

Jun
09
2012
Ruling
Landlords' claims for "stub rent" were entitled to administrative priority.
Procedural posture

Objector's challenge to administrative claims of two ex-landlords of a chapter 11 debtor's stores raised issues per 11 U.S.C.S. § 365(d)(3) including whether rent for the period between the petition date and the date on which the first postpetition lease payment was due, known as "stub rent," was a prepetition unsecured claim or an 11 U.S.C.S. § 503 administrative claim and the proper application per 11 U.S.C.S. § 502 of security deposits.

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Commercial opinion summary, case decided on June 09, 2012 , LexisNexis #0912-105
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In re Mi La Sul

Nov
09
2007
Ruling
Involuntary petitions filed by unsecured creditor in order to negotiate with foreclosing lender during stay dismissed as filed in bad faith.
Procedural posture

A noticed order to show cause hearing was before the court in six related involuntary bankruptcy cases.

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Court :
( Judge Tighe ) [ Bankruptcy Court ]
Commercial opinion summary, case decided on November 09, 2007 , LexisNexis #1207-071
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Midland Euro Exchange Inc. v. Swiss Finance Corp. (In re Midland Euro Exchange Inc.)

Aug
15
2006
Ruling
Fraudulent transfer provisions of Bankruptcy Code do not apply to foreign transfers.
Procedural posture

Plaintiff chapter 7 trustee brought an adversary proceeding against defendants, a foreign exchange brokerage and 10 unnamed defendants, to set aside and recover allegedly fraudulent transfers of at least $897,000 paid by debtor. Two claims for relief were brought under 11 U.S.C. §§ 548(a)(1)(A) and 550(a). The brokerage, a foreign company, moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), made applicable by Fed. R. Bankr. P. 7012(b).

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opinion summary, case decided on August 15, 2006 , LexisNexis #1006-023
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Simantob v. Lahijani (In re Lahijani)

Oct
03
2005
Ruling
Motion for substantive consolidation was granted where the debtor controlled and acted as the alter ego of two non-debtor corporations.
Procedural posture

Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtor to determine, inter alia, the dischargeability of debts. The creditors moved for substantive consolidation of two non-debtor corporations with the debtor on the ground that the debtor controlled and acted as alter ego of the corporations.

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opinion summary, case decided on October 03, 2005 , LexisNexis #0106-071
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