Wallaesa v. FAA
Jun
10
2016
Ruling
FAA civil penalty proceeding was not subject to the automatic stay pursuant to the regulatory powers exception.
Issue(s)
Was FAA's proceeding against debtor seeking penalty for improper behavior on an airplane flight subject to the automatic stay?
ABI Membership is required to access the full summary of Wallaesa v. FAA Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Education Credit Mgmt. Corp. v. Acosta-Conniff
May
02
2016
Ruling
Undue hardship discharge of student loan debt reversed where debtor had not met burden of showing inability to repay.
Issue(s)
Did the bankruptcy court err in granting debtor an undue hardship discharge of student loan debt?
ABI Membership is required to access the full summary of Education Credit Mgmt. Corp. v. Acosta-Conniff Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Davis v. Intl Bank of Commerce (In re Diamond Beach VP LP)
Apr
29
2016
Ruling
Bankruptcy court did not err in its valuation of debtor's condominium complex.
Issue(s)
Did bankruptcy court value debtor's unfinished condominium complex too low thereby increasing the amount of a deficiency judgment debtor's principal owner and guarantor must pay to the financing bank?
ABI Membership is required to access the full summary of Davis v. Intl Bank of Commerce (In re Diamond Beach VP LP) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Sapphire Dev. LLC v. McKay
Feb
01
2016
Ruling
Chapter 11 case properly dismissed due to subjective bad faith and objective futility.
Issue(s)
Should bad faith dismissal of chapter 11 case be reversed?
ABI Membership is required to access the full summary of Sapphire Dev. LLC v. McKay Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sullivan v. Ratz
Jan
27
2016
Ruling
Debt properly held to be dischargeable where debtor contractor's conduct did not rise to the level of fraud.
Issue(s)
Did the bankruptcy err in holding that breach of contract claim was not based on fraud and therefore dischargeable?
ABI Membership is required to access the full summary of Sullivan v. Ratz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Schermerhorn v. CenturyTel Inc. (In re SkyPort Global Communs. Inc.)
Mar
26
2015
Ruling
Creditors' attorneys properly sanctioned for filing state court case in violation of confirmation order.
Issue(s)
Was creditors' filing of state court proceeding properly held to be a collateral attack on the confirmation order in debtor's case?
ABI Membership is required to access the full summary of Schermerhorn v. CenturyTel Inc. (In re SkyPort Global Communs. Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Adelphia Communs. Corp. v. FPL Group Inc. (In re Adelphia Communs. Corp.)
Mar
13
2015
Ruling
Stock repurchase transaction properly held not to be an avoidable fraudulent transfer.
Issue(s)
Could recovery trust, as successor to debtor's rights, recover as a fraudulent transfer, approximately $150 million that debtor paid for the repurchase of its own stock?
ABI Membership is required to access the full summary of Adelphia Communs. Corp. v. FPL Group Inc. (In re Adelphia Communs. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mercury Cos. v. Comerica Bank
Jul
08
2014
Ruling
Debtor that did not reserve state law claims did not retain them postconfirmation.
Issue(s)
Could debtor that had not reserved state law claims pursue them after confirmation of chapter 11 plan?
ABI Membership is required to access the full summary of Mercury Cos. v. Comerica Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Nationwide Prop. & Cas. Co. v. Hunt
Jun
13
2014
Ruling
Debtor retained valid claim against insurer given that case was about to be dismissed without discharge.
Issue(s)
Was debtor's fire loss claim against insurer barred by judicial estoppel because he never identified a claim against the insurer in his bankruptcy filings?
ABI Membership is required to access the full summary of Nationwide Prop. & Cas. Co. v. Hunt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Heller Ehrman LLP v. Davis Wright Tremaine LLP
Jun
11
2014
Ruling
Estate of debtor law firm lacked property interest in hourly fee matters pending at the time of dissolution.
Issue(s)
Whether a debtor law firm, which had been dissolved by virtue of creditors terminating their financial support, thus rendering it impossible to continue to provide legal services in ongoing matters, was entitled to assert a property interest in hourly fee matters pending at the time of its dissolution.
ABI Membership is required to access the full summary of Heller Ehrman LLP v. Davis Wright Tremaine LLP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: