- FRBP
Realan Inv. Partners LLLP v. Meininger (In re Land Res. LLC)
Feb
10
2014
Ruling
Stern did not affect a bankruptcy court's authority to enter a bar order in approving a settlement agreement.
Issue(s)
Did the Supreme Court's decision in Stern v. Marshall prohibit bankruptcy court from entering a bar order when approving a settlement agreement?
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Court
:
Harbour Trust Co. v. SPhinX Tr. (In re PlusFunds Group Inc.)
Feb
10
2014
Ruling
Bankruptcy court did not err in finding that defendants in actions commenced by trustee lacked standing to object to trustee's motion to reopen or in denying the motion.
Issue(s)
Did defendants in civil proceedings filed by trustee have standing to object to trustee's motion to reopen debtor's bankruptcy and was the trustee's motion properly denied?
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Court
:
- 28 U.S.C.
Hybrid Tech Holdings LLC v. Official Comm. of Unsecured Creditors (In re Fisk Automotive Holdings Inc.)
Feb
07
2014
Ruling
Order capping creditor's credit bid was not a final appealable order.
Issue(s)
Was bankruptcy court order capping creditor's credit bid a final appealable order?
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Court
:
Patriot Mfg. LLC v. Hartwig Inc.
Feb
06
2014
Ruling
Breach of contract claim by LLC dismissed due to failure of its sole member to disclose the claim in bankruptcy.
Issue(s)
Should summary judgment should be granted in favor of defendant in a breach of contract action on the basis of judicial estoppel because debtor failed to disclose his ownership interest in plaintiff LLC and failed to disclose the lawsuit when he filed his personal bankruptcy petition?
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Court
:
- 11 U.S.C.
Kirschenbaum v. Fed. Ins. Co.
Feb
06
2014
Ruling
Creditor's cross-claim against debtor's insurer barred as requiring a negligence determination against debtor that would be an end run around the automatic stay.
Issue(s)
Could creditor file a negligence cross claim in trustee's adversary proceeding seeking a declaration of rights, duties, and liabilities under certain insurance policies, while an action on similar claims was pending in state court but subject to the automatic stay?
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Court
:
- 11 U.S.C.
Gerard v. Gerard
Feb
05
2014
Ruling
Jury findings in slander of title case were sufficient to establish nondischargeablility in bankruptcy for willful and malicious injury.
Issue(s)
Were the findings of a jury in a slander of title case sufficient to establish a nondischargeable debt absent specific findings of willful and malicious injury?
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Court
:
- 11 U.S.C.
Lupian v. Central Valley Residential Builders LP
Feb
05
2014
Ruling
Debtor's wage and hour claim survived summary judgment where debtor had reopened the case to add the claim and the trustee had been substituted as plaintiff.
Issue(s)
Was debtor judicially estopped from bringing a wage and hour case because she failed to disclose her claim when she filed for bankruptcy?
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Court
:
- 11 U.S.C.
Stephan v. Wells Fargo Bank N.A. (In re Stephan)
Feb
05
2014
Ruling
Stay barred lender from pursuing foreclosure on second mortgage that had been classified as unsecured.
Issue(s)
Was creditor entitled to relief from stay to pursue foreclosure on a second mortgage that the bankruptcy court had held was unsecured?
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Court
:
- 11 U.S.C.
Wu v. May Kwan Si Inc.
Feb
04
2014
Ruling
Claims of debtor's employees who did not receive notice of bar date were not discharged.
Issue(s)
Were claims for alleged violations of the Fair Labor Standards Act, New York Labor Law and New York City labor regulations discharged pursuant to confirmed chapter 11 plan where creditors allegedly did not receive notice of the bar date.
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Court
:
- 11 U.S.C.
Jackson v. WellSpan Health
Feb
04
2014
Ruling
Debtor's employment discrimination action not barred where failure to disclose the claim in bankruptcy may not have been due to bad faith.
Issue(s)
Should debtor be precluded from pursuing this employment discrimination action due to a failure to disclose the action in her bankruptcy case?
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Court
: