In re Artimm S.r.l.

Dec

2005

Ruling

Settlement was approved and settlement funds were directed to Italian bankruptcy court to assure an economical and expeditious administration of the estate.

Procedural posture

An Italian bankruptcy trustee filed an ancillary proceeding under former 11 U.S.C. § 304 to avert a default judgment against the debtor in a California case filed by the debtor's former executive. Bankruptcy court approval was sought for a proposed settlement agreement entered into by the debtor and a movie studio; the executive and a movie producer opposed the settlement's provision for the transfer of funds to the trustee in Rome.

ABI Membership is required to access the full summary of In re Artimm S.r.l. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Central District of California ( Judge Bufford ) [ Bankruptcy Court ]

opinion summary, case decided on December 01, 2005 , LexisNexis #0106-008

LexisNexis Article

Learn More

11 U.S.C.

Campos v. Wells Fargo Bank N.A.

Nov

2005

Ruling

Debtor could not recover setoff because the obligation was more than a year old and did not render debtor insolvent.

Procedural posture

Appellant debtor challenged the decision entered by the bankruptcy court that denied the debtor's claim for relief from appellee bank's seizure of funds from the debtor's savings account.

ABI Membership is required to access the full summary of Campos v. Wells Fargo Bank N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Eastern District of California ( Judge Shubb ) [ District Court ]

opinion summary, case decided on November 30, 2005 , LexisNexis #0106-022

LexisNexis Article

Learn More

11 U.S.C.

In re White

Nov

2005

Ruling

Two judicial liens were avoided since the court calculated the debtor's interest in joint property as the debtor's partial interest rather than as the value of the entire property and since the amount of the impairment of the debtor's exemption exceeded t

Procedural posture

Debtor moved to avoid liens pursuant to 11 U.S.C. § 523. The issue before the court was one of statutory construction of 11 U.S.C. § 522(f)(2)(A). More specifically, the question was whether the language "the debtor's interest in the property" required that computations with respect to jointly owned property be based upon only the debtor's share rather than the value of the entire property.

ABI Membership is required to access the full summary of In re White Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Northern District of California ( Judge Morgan ) [ Bankruptcy Court ]

opinion summary, case decided on November 23, 2005 , LexisNexis #0306-050

LexisNexis Article

Learn More

11 U.S.C.
- § 105
- § 105(a)

Simantob v. Lahijani (In re Lahijani)

Oct

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.

ABI Membership is required to access the full summary of Simantob v. Lahijani (In re Lahijani) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :

Central District of California ( Judge Mund ) [ Bankruptcy Court ]

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

LexisNexis Article

Learn More