- 11 U.S.C.
Revivify, LLC v. Thrivify, LLC (In reThrivify, LLC)
Aug
12
2024
Ruling
Chapter 11 trustee was entitled to reject a settlement term sheet as plaintiffs did not overcomethe presumption that trustee acted prudently, on an informed basis, in good faith, and in thehonest belief that rejection was in the estate's best interest. (Bankr. D. Or.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession.
ABI Membership is required to access the full summary of Revivify, LLC v. Thrivify, LLC (In reThrivify, LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Cullinan, In re--Coastal States Bank v. Cullinan
Oct
27
2022
Ruling
Plaintiff was not entitled to reinstatement of its mistakenly cancelled first security deed asdebtor-in-possession was entitled to stand in the shoes of a trustee as a bona fide purchaser forvalue. (Bankr. N.D. Ga.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession; Same Rights and Duties as Trustee.
ABI Membership is required to access the full summary of Cullinan, In re--Coastal States Bank v. Cullinan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
SAS AB, In re
Oct
17
2022
Ruling
Payment of bank for prepetition services to debtor did not disqualify it from serving as coinvestment banker to debtor in possession. (Bankr. S.D.N.Y.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession; Employment of Professional
ABI Membership is required to access the full summary of SAS AB, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
USA Gymnastics, In re--USA Gymnastics v. Ace Am. Ins. Co.
Jan
19
2021
Ruling
Debtor's general liability insurers were not obligated to pay the bankruptcy costs as part oftheir duty to defend as the bankruptcy case was not a “suit.” (Bankr. S.D. Ind.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession; Same Rights and Duties as Trustee.
ABI Membership is required to access the full summary of USA Gymnastics, In re--USA Gymnastics v. Ace Am. Ins. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Indian Harbor Ins. Co. v. Zucker
Jun
20
2017
Ruling
Court ruled that lawsuit by the debtor as debtor in possession on behalf of the bankruptcy estate remained a lawsuit "by" the debtor and would still fit within the insured-versus-insured exclusion. (6th Cir.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession; Same Rights and Duties as Trustee.
ABI Membership is required to access the full summary of Indian Harbor Ins. Co. v. Zucker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
Robbins v. Gordon Props. LLC (In re Gordon Props. LLC)
Oct
22
2013
Ruling
Chapter 11 trustee ordered appointed due to poor management and lack of feasibility subject to prior continuation for possible settlement.
Issue(s)
Were mismanagement, ongoing losses and low likelihood that a feasible plan with reasonable possibility of confirmation would be proposed grounds for appointment of chapter 11 trustee.
ABI Membership is required to access the full summary of Robbins v. Gordon Props. LLC (In re Gordon Props. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re American Media Inc.
Dec
06
2010
Ruling
Debtor in possession allowed to use fixed amount of cash collateral to operate business.
Procedural posture
Debtors, a media corporation and affiliated businesses, filed petitions under Chapter 11 of the Bankruptcy Code and continued to operate their businesses as debtors in possession, pursuant to 11 U.S.C.S. §§ 1107(a) and 1108. The debtors sought interim and final orders authorizing them to use of cash collateral and providing adequate protection to a prepetition agent and prepetition lenders.
ABI Membership is required to access the full summary of In re American Media Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Talsma
Sep
17
2010
Ruling
Accounting firm that represented debtor prepetition could be employed by chapter 11 debtor absent any other adverse interest.
Procedural posture
The United States Trustee (UST) filed an objection to Chapter 11 debtors' application to employ an accounting firm.
ABI Membership is required to access the full summary of In re Talsma Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Straightline Invs. Inc.
Sep
08
2009
Ruling
Attorney for chapter 11 estate allowed fees less unaccounted for retainer.
Procedural posture
Before the court were applications for compensation by the attorney for the bankruptcy estate ("Attorney A") while debtor was debtor in possession pursuant to 11 U.S.C.S. § 1107. Also pending were the application of the chapter 7 trustee and her counsel.
ABI Membership is required to access the full summary of In re Straightline Invs. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Commercial Mortg.
Mar
06
2009
Ruling
Motion to impose lien and place other restrictions on debtor in possession granted where there were no secured creditors.
Procedural posture
The official committee of unsecured creditors (UCC) filed three motions: a motion to approve the imposition of liens and encumbrances, a motion to approve restrictions on and limit loan transactions between the debtor and its subsidiaries, and a motion to establish a restricted bank account, pursuant to 11 U.S.C.S. §§ 105, 363(c)(1), 507, 1103(c)(5), and 1107(a). The debtor opposed the motions. There were no secured creditors.
ABI Membership is required to access the full summary of In re Commercial Mortg. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: