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Lebbos v. Schuette

Dec
02
2008
Ruling
Approval of settlement of unlisted civil rights assualt and battery case affirmed.
Procedural posture

Appellant, the debtor in the underlying bankruptcy, sought review of an order of the Bankruptcy Court for the Eastern District of California, that approved the settlement and compromise under Fed. R. Bankr. P. 9019, by appellee trustee of a civil rights assault and battery suit that the debtor had failed to list as an asset of her estate.

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Consumer opinion summary, case decided on December 02, 2008 , LexisNexis #0109-099
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Lebos v. Schuette

Sep
30
2008
Ruling
District court denied application for certification of appeal of trustee's settlement of civil rights lawsuit.
Procedural posture

Appellee trustee obtained court approval for the sale/compromise of appellant debtor's interest in a civil rights lawsuit. The debtor appealed the order to the court and then submitted an ex parte request to certify the appeal to the U.S. Court of Appeals for the Ninth Circuit under 28 U.S.C.S. § 158(d).

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Consumer opinion summary, case decided on September 30, 2008 , LexisNexis #1008-130
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New Cingular Servs. v. Burkhart (In re Wire Comm. Wireless Inc.)

Sep
16
2008
Ruling
Core nature of dispute did not preclude compelling arbitration pursuant to creditor's agreement with debtor.
Procedural posture

Appellant, a claimant in a chapter 7 debtor's bankruptcy case, challenged a decision of the Bankruptcy Court for the Eastern District of California, which denied the claimant's motion to stay appellee trustee's adversary proceeding against it in order to permit completion of an aborted arbitration hearing.

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Commercial opinion summary, case decided on September 16, 2008 , LexisNexis #1108-018
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New Cingular Wireless Servs. v. McCormick

Sep
11
2008
Ruling
Bankruptcy court properly approved trustee's settlement of fraudulent transfer action brought by debtor's shareholders.
Procedural posture

Appellant creditor, wireless service supplier 1, challenged a judgment of the U.S. Bankruptcy Court for the Eastern District of California granting a motion pursuant to Fed. R. Bankr. P. 9019(a) filed by the chapter 7 trustee for approval of a compromise of certain claims asserted by appellees, the shareholders of debtor, a wireless service dealer.

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Commercial opinion summary, case decided on September 11, 2008 , LexisNexis #1108-058
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New Cingular Servs. v. Burkart (In re Wire Comm Wireless Services Inc.)

Aug
01
2008
Ruling
Adversary proceeding stayed pending appeal of denial of motion to lift stay to allow arbitration.
Procedural posture

After commencing arbitration proceedings against appellant telecommunications company, the debtor filed for Chapter 11 bankruptcy protection. Appellee bankruptcy trustee filed an adversary proceeding against the company, thereby removing the arbitration proceedings to the United States Bankruptcy Court. The bankruptcy court denied the company's motion to compel arbitration and request for a stay pending appeal. The company appealed.

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Commercial opinion summary, case decided on August 01, 2008 , LexisNexis #0908-002
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Kistler v. Meza (Inre Meza)

Jun
22
2007
Ruling
Bankruptcy court properly found that credit counseling received more than 180 days prior to filing substantially complied with requirement.
Procedural posture

Appellant, the United States Trustee sought review of the bankruptcy court's denial of its motion to dismiss appellee debtor's chapter 7 bankruptcy petition pursuant to 11 U.S.C. § 109(h) for failure to obtain prepetition credit counseling and to properly file a certificate regarding the same as required by section 109(h).

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opinion summary, case decided on June 22, 2007 , LexisNexis #0807-036
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