- FRBP
Brantley v. CitiFinancial Inc. (In re Brantley)
Jan
15
2015
Ruling
Settlement of adversary proceeding was not approved as being neither fair nor equitable.
Issue(s)
Should settlement of proceeding against lender for violation of the automatic stay be approved?
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Court
:
- FRBP
In re 3d Resorts-Bluegrass LLC
Nov
13
2013
Ruling
Trustee's settlement approved in best interests of estate.
Issue(s)
Should trustee's settlement of major contested claims in debtor's case be approved.
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Court
:
- FRBP
In re Brutsche
Oct
15
2013
Ruling
Settlement of foreclosure action in which lender agreed to forego deficiency approved.
Issue(s)
Whether a settlement agreement between the chapter 7 trustee and a lender, in which the lender would make a payment to the trustee and limit its deficiency claim in return for the trustee's stipulation to a foreclosure judgment, should be approved pursuant to Fed. R. Bankr. P. 9019(a).
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Court
:
- FRBP
In re Panache Cuisine LLC
Sep
23
2013
Ruling
Approval of settlement denied as terms were not properly noticed and disclosed and one party had repudiated term beneficial to estate.
Issue(s)
Should bankruptcy court approve settlement where terms were not properly noticed or disclosed and one party had repudiated one of the terms .
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Court
:
- FRBP
In re Rich Global LLC
Jul
16
2013
Ruling
Settlement of cross appeals of judgment approved as in best interests of the estate.
Procedural posture
A creditor obtained a substantial judgment against a bankruptcy debtor, and the debtor and the creditor cross-appealed the judgment. The bankruptcy trustee moved for approval of a settlement to resolve the cross-appeals.
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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.
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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).
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Court
:
- FRBP
Guippone v. BH S&B Holdings LLC
Oct
28
2011
Ruling
Settlement of claims under WARN Act approved in best interests of debtors and estate.
Procedural posture
Plaintiff creditor brought a class action adversary proceeding against defendant debtors in the United States Bankruptcy Court for the Southern District of New York to recover pay and benefits. The district court withdrew the reference of the adversary proceeding. The parties and the Chapter 7 trustee moved for approval of a settlement.
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Court
:
- FRBP
In re Diplomat Constr. Inc.
May
05
2011
Ruling
Trustee's motion for authorization to settle claims against bank granted over objection of debtor's former principals.
Procedural posture
A Chapter 7 trustee filed a motion pursuant to Fed. R. Bankr. P. 9019(a) for authorization to settle and compromise claims against a bank. The trustee sought to settle the remaining claims in an adversary action against the bank: fraud and misappropriation of trade secrets under Georgia law. Objections to the trustee's motion were filed by former principals of the debtor (the objectors).
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Court
:
- FRBP
In re Jennings
Mar
24
2011
Ruling
Reconsideration of approval of settlement denied.
Procedural posture
Creditor filed a motion for reconsideration of an order approving a settlement agreement resolving an adversary proceeding brought by plaintiff chapter 7 trustee against defendant, counsel for the debtor. The trustee joined in the motion.
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Court
: