- 11 U.S.C.
In re Symons Frozen Foods Inc.
Mar
05
2010
Ruling
Creditors held valid Perishable Agricultural Commodities Act trust claims only if payment was due within 30 days of receipt and acceptance of products.
Procedural posture
The debtor was a dealer in frozen foods. In two contracts it purchased products from two creditors, a seller of corn, and a seller of peas, beans, and carrots. Each of the sellers submitted their claims as federal trust claims pursuant to the Perishable Agricultural Commodities Act (PACA), 7 U.S.C.S. §§ 499a-499s. The debtor and another party objected to the motion, asserting PACA did not apply as a matter of law.
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Court
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- 11 U.S.C.
Kanouff v. Hayes (In re Hayes)
Jan
26
2010
Ruling
Sanctions for debtor's malicious filing of frivolous lawsuit against creditor were nondischargeable.
Procedural posture
Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that sanctions imposed against the debtor in state court for filing a frivolous lawsuit against the creditors was a nondischargeable debt under 11 U.S.C.S. § 523(a)(6) as a willful and malicious injury. The creditors moved for summary judgment based on collateral estoppel.
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Court
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Rederford v. US Airways Inc.
Dec
14
2009
Ruling
Possibility of pursuing equitable remedy of reinstatement did not remove Americans with Disabilities Act claim from scope of discharge injunction.
Procedural posture
Plaintiff former employee filed a complaint alleging her termination violated Title I of the Americans with Disabilities Act (ADA), 42 U.S.C.S. §§ 12111-12117, and seeking reinstatement, damages, and attorney's fees. Defendant former employer moved to dismiss, asserting that the suit was barred by a bankruptcy court's permanent injunction. The district court for the District of Rhode Island granted the motion. The employee appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Snowden
Dec
10
2009
Ruling
Negotiable instrument exception was inapplicable to postpetition electronic funds transfer initiated by bank in violation of stay.
Procedural posture
Movant debtor filed a motion for sanctions against respondent creditor, asserting it willfully violated the automatic stay in violation of 11 U.S.C.S. § 362(a). The creditor argued it had negotiated a postdated check without knowledge of the debtor's bankruptcy filing.
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Court
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- 11 U.S.C.
Boston & Me. Corp. v. Massachusetts Bay Transp. Auth.
Nov
24
2009
Ruling
Action for contribution in environmental remediation matter barred by defendant railroad's 1983 discharge under Bankruptcy Act of 1898.
Procedural posture
Plaintiff, a freight railroad, sued defendant, a mass transit company, seeking to enjoin defendant from making claims for contribution against plaintiff for remediation costs under Mass. Gen. Laws ch. 21E associated with a terminal that it purchased out of plaintiff's bankruptcy. The U.S. District Court for the District of Massachusetts denied plaintiff's motion for partial summary judgment on the contribution claims. Plaintiff appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Scott v. United States Dept of Educ. (In re Scott)
Sep
25
2009
Ruling
Student loan debt discharged where debtors had maximized income potential and could not make any significant reduction in expenses.
Procedural posture
Plaintiff chapter 7 debtors filed an adversary proceeding against defendants, the U.S. Department of Education (DOE) and two lenders, seeking a judgment that debts they owed the DOE and the lenders were dischargeable under 11 U.S.C.S. § 523(a)(8). The case was tried to the court.
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Court
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In re Pierce County Housing Auth.
Aug
21
2009
Ruling
Public housing authority that was technically insolvent was an eligible chapter 9 debtor.
Procedural posture
Debtor, a public housing authority, filed a petition under chapter 9 and a disclosure statement, and proposed a plan for adjustment of its debts. A group of claimants, a bank, and an unsecured creditors' committee (UCC) filed objections to the debtor's eligibility and its plan. The debtor resolved the objections filed by the bank and the UCC, and the court held a hearing on objections filed by the claimants.
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Court
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- 11 U.S.C.
Kee v. Evergreen Profl Recoveries Inc.
Aug
19
2009
Ruling
Debtor's Fair Debt Collection Practices Act claim dismissed as not disclosed in chapter 7 case.
Procedural posture
Plaintiffs, a debtor and another individual, brought an action against defendant creditor, alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. § 1692 et seq., and a state claim of invasion of privacy. The creditor filed a motion for partial summary judgment arguing that the debtor was judicially estopped from pursuing her claims in this action.
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Court
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- 11 U.S.C.
Braunstein v. McCabe
Jun
26
2009
Ruling
Debtor and spouse not entitled to jury trial of turnover proceeding.
Procedural posture
Trustee filed a turnover complaint under 11 U.S.C.S. § 542 against a lawyer and his wife, seeking to obtain insurance proceeds. The United States District Court for the District of Massachusetts denied the jury trial demand filed by the lawyer and the wife, ordered $ 30,263 turned over, and dismissed a claim against the trustee's attorney. The lawyer and the wife appealed. The trustee cross-appealed the turnover amount.
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Court
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Judge or Jurisdiction information not available
In re Jolan Inc.
Apr
30
2009
Ruling
Approval of proposed sale of assets for less than value of liens denied in favor of auction.
Procedural posture
After debtor, a company operating a bar and restaurant in leased space, filed a chapter 7 case, the trustee moved for orders permitting the sale, free and clear of all liens, of debtor's personal property and trade name for a price that was less than the total of all liens. Citing 11 U.S.C.S. § 363, debtor, its principals, and some other parties objected to the motion on grounds including that such an order was improper under the Clear Channel rule.
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Court
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