- FRBP
In re Lehman Bros.
Apr
16
2013
Ruling
Settlement agreement providing for distribution of cash and securities to creditors in exchange for mutual releases approved.
Procedural posture
A liquidating trustee for a bankruptcy debtor and creditors entered into a settlement agreement which provided for a distribution of cash and securities to the creditors and a mutual release of claims. The trustee moved for approval of the settlement agreement.
ABI Membership is required to access the full summary of In re Lehman Bros. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Fodale
Feb
22
2013
Ruling
Settlement with lender including selling LLC membership interests approved over creditor's objection.
Procedural posture
In this chapter 7 case, the trustee filed a motion under Fed. R. Bankr. P. 9019 for entry of order authorizing compromise of claims and approval of a related sale of minority ownership interest. A creditor objected to the proposed settlement.
ABI Membership is required to access the full summary of In re Fodale Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Robnett
Jan
24
2013
Ruling
Trustee's motion to approve compromise denied where notice to creditors was not adequate.
Procedural posture
Before the court was the chapter 7 trustee's Motion for Approval of Compromise. No objections to the Motion were filed.
ABI Membership is required to access the full summary of In re Robnett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Wiley
Dec
26
2012
Ruling
Trustee's settlement of fraudulent transfer proceeding approved over creditor's objection.
Procedural posture
This matter came before the court for final hearing on the Trustee's Amended Motion for Order Approving Compromise of Controversy pursuant to Fed. R. Bankr. P. 9019. A creditor objected.
ABI Membership is required to access the full summary of In re Wiley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Burtch v. Avnet Inc. (In re Managed Storage Intl Inc.)
Nov
26
2012
Ruling
Preference proceeding against creditor dismissed due to terms of executed release.
Procedural posture
Plaintiff, a chapter 7 trustee, filed a complaint against defendants, a creditor and its successor, seeking to recover an amount as an alleged preference. Defendants filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
ABI Membership is required to access the full summary of Burtch v. Avnet Inc. (In re Managed Storage Intl Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Schwartz
Oct
17
2012
Ruling
Trustee's settlement of debtor's complex legal malpractice claim for which creditors had been waiting approved over debtor's objection.
Procedural posture
The chapter 7 trustee asked the court to approve a proposed settlement of the estate's claims against defendants, lawyers and law firms, on account of debtor's assertion that one or more of them had committed malpractice in connection with debtor's representation earlier in the case. Debtor opposed the settlement. At issue was whether the agreement was properly approved under Fed. R. Bankr. P. 9019.
ABI Membership is required to access the full summary of In re Schwartz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Hildreth
Oct
01
2012
Ruling
Settlement of obligation owed to debtor by former spouse approved due to likely difficulty of successful collection of any possible judgment.
Procedural posture
Movant, the chapter 7 trustee, asked the court for approval per Fed. R. Bankr. P. 9019 of his proposed compromise of an $85,000 debt owed to debtor by her ex-husband on account of her interests in marital real estate and businesses, which obligation the trustee was proposing to settle for a lump sum payment of $20,000. Debtor objected to the proposed settlement.
ABI Membership is required to access the full summary of In re Hildreth Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Mittman v. Salkin (In re VoIP Inc.)
Jun
26
2012
Ruling
Bankruptcy court's approval of settlement was in best interests of estate and not in error.
Procedural posture
Chapter 7 trustee filed a motion in the United States Bankruptcy Court for the Southern District of Florida to compromise controversy regarding preferential and fraudulent transfer proceedings. The bankruptcy court granted the motion. Creditors sought review.
ABI Membership is required to access the full summary of Mittman v. Salkin (In re VoIP Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
SE Techs. Inc. v. Summit Elec. Supply Inc. (In re SE Techs. Inc.)
Jun
21
2012
Ruling
Amended settlement of avoidance proceeding giving defendant administrative expense claim rather than malpractice claims assignment approved.
Procedural posture
Debtor, while a debtor in possession, commenced an avoidance action against defendant. A chapter 7 trustee moved to approve an amended settlement agreement between the debtor and defendant.
ABI Membership is required to access the full summary of SE Techs. Inc. v. Summit Elec. Supply Inc. (In re SE Techs. Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Rosbottom
Feb
22
2012
Ruling
Trustee's settlement of dispute over postpetition sale of vessel and airplane purchased with estate funds approved.
Procedural posture
The trustee, through a compromise motion under Fed. R. Bankr. P. 9019, sought to compromise purported disputes over the ownership of proceeds from the sale of a vessel and an airplane.
ABI Membership is required to access the full summary of In re Rosbottom Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: