May
24
2018
MobileDirect, Inc., In re
Ruling:
Chapter 11 bankruptcy case was dismissed as the debtor acted in a manner inconsistent with its confirmed plan. (Bankr. D. Mont.)
ABI Membership is required to access the full summary of MobileDirect, Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 24,2018, LexisNexis #0618-111
May
24
2018
Toys "R" Us, Inc., In re
Ruling:
Landlord's objections to the proposed assumption and assignment of lease overruled as there were no provisions in the debtors' lease or any applicable master agreement relating to tenant mix and balance that prohibited the assignment. (Bankr. E.D. Va.)
ABI Membership is required to access the full summary of Toys "R" Us, Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 24,2018, LexisNexis #0618-097
May
24
2018
Yuska, In re
Ruling:
Proofs of claim set out an enforceable right to payment for taxing authority's assessment amounts as the debtor did not provide any evidence that they were wrong. (Bankr. N.D. Iowa)
ABI Membership is required to access the full summary of Yuska, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 24,2018, LexisNexis #0618-098
May
24
2018
Marincek, In re--Headley v. Marincek
Ruling:
Judgment was excepted from discharge as debtor breached his contract with the plaintiff by obtaining services by fraudulent misrepresentation or actual fraud. (Bankr. N.D. Ohio)
ABI Membership is required to access the full summary of Marincek, In re--Headley v. Marincek. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 24,2018, LexisNexis #0618-103
May
23
2018
Bronx Miracle Gospel Tabernacle Word of Faith Ministries, In re
Ruling:
Trustee's motion to dismiss debtor's case was granted where debtor's monthly operating reports show that debtor had sustained additional losses since it declared bankruptcy. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Bronx Miracle Gospel Tabernacle Word of Faith Ministries, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 23,2018, LexisNexis #0618-110
May
23
2018
Brown, In re
Ruling:
Motion to certify direct appeal denied as the facts in the instant case were materially different and an appeal would not have resolved a perceived conflict in two district court cases. (Bankr. W.D. Tex.)
ABI Membership is required to access the full summary of Brown, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0618-116
May
23
2018
Johnson, In re--Johnson v. United States Dep't of Educ.
Ruling:
Recusal was not warranted as debtor has not shown the appearance of partiality. (Bankr. N.D. Ala.)
ABI Membership is required to access the full summary of Johnson, In re--Johnson v. United States Dep't of Educ.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0618-117
May
23
2018
Hathaway, In re--Nelson v. Hathaway
Ruling:
Court denied defendants' motion to dismiss dischargeability complaint as plaintiff complied with the deadline set by the bankruptcy clerk. (Bankr. D. Idaho)
ABI Membership is required to access the full summary of Hathaway, In re--Nelson v. Hathaway. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0618-120
May
22
2018
Helmeid, In re
Ruling:
Modification that reduced amount of secured claim was impermissible. (Bankr. E.D.N.C.)
ABI Membership is required to access the full summary of Helmeid, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-115
May
22
2018
Napier, In re
Ruling:
Debtors' objections to the proofs of claim were denied where all of the information the debtors included in their schedules matches up readily with the proofs of claim. (Bankr. W.D. Va.)
ABI Membership is required to access the full summary of Napier, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-119
May
22
2018
Denny, In re
Ruling:
Court granted trustee's motion for sanctions because attorney failed to provide promised services to clients and misrepresented the services he would provide. (Bankr. E.D. Ky.)
ABI Membership is required to access the full summary of Denny, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-106
May
22
2018
Franchise Servs. of N. Am., In re--Franchise Servs. of N. Am. v. United States Trs.
Ruling:
Federal bankruptcy law does not prevent a bona fide equity holder from exercising its voting rights to prevent a corporation from filing a voluntary bankruptcy petition just because it also holds a debt owed by the corporation and owes no fiduciary duty to the corporation or its fellow shareholders. (5th Cir.)
ABI Membership is required to access the full summary of Franchise Servs. of N. Am., In re--Franchise Servs. of N. Am. v. United States Trs.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 22,2018, LexisNexis #0618-091
Court: Judge or Jurisdiction information not available
May
22
2018
Diaz, In re--Cisneros v. Diaz
Ruling:
Real property debtor owned with her non-filing spouse was a community property and thus had to be turned over to the debtor's bankruptcy estate. (Bankr. C.D. Cal.)
ABI Membership is required to access the full summary of Diaz, In re--Cisneros v. Diaz. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-108
May
21
2018
Penson Worldwide, In re--Penson Techs. LLC v. Schonfeld Grp. Holdings LLC
Ruling:
Court had jurisdiction to hear LLC's adversary proceeding as the case was, at its heart, an objection to a proof of claim. (Bankr. D. Del.)
ABI Membership is required to access the full summary of Penson Worldwide, In re--Penson Techs. LLC v. Schonfeld Grp. Holdings LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 21,2018, LexisNexis #0618-118
May
21
2018
Bateman, In re
Ruling:
Motion to compel arbitration was denied where arbitration of a contempt proceeding for violation of the discharge injunction inherently conflicted with the bankruptcy code and undermined it's authority to enforce its orders and exercise its powers of contempt. (Bankr. M.D. Fla.)
ABI Membership is required to access the full summary of Bateman, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 21,2018, LexisNexis #0618-105