- 11 U.S.C.
In re Chardon LLC
Jan
12
2015
Ruling
Debtor's motion for use of cash collateral denied absent showing that undersecured creditor was adequately protected.
Issue(s)
Could debtors use cash collateral to pay professional fees?
ABI Membership is required to access the full summary of In re Chardon 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 Fairmont Gen. Hosp. Inc.
May
19
2014
Ruling
Collective bargaining agreement between debtor hospital and union that was executed postpetition was valid and effective.
Issue(s)
Was postpetition collective bargaining agreement executed in the ordinary course of debtor's business and effective without court approval?
ABI Membership is required to access the full summary of In re Fairmont Gen. Hosp. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Boudreaux v. Berdon Oil (In re Saraland LLLP)
Jan
21
2014
Ruling
Summary judgment in avoidance proceeding denied where evidence did not preclude possibility that payments were authorized use of property of the estate.
Issue(s)
Were post-petition transfers from debtor to an oil company avoidable as unauthorized transfers made outside the ordinary course of debtor's business for the benefit of the oil company's principal?
ABI Membership is required to access the full summary of Boudreaux v. Berdon Oil (In re Saraland LLLP) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Hostess Brands Inc.
Jan
07
2013
Ruling
Motion to compel arbitration of core bankruptcy issue of use of cash collateral denied.
Procedural posture
Debtor businesses filed a petition under chapter 11 of the Bankruptcy Code and asked the court to issue an order under 11 U.S.C.S. § 363(c) which allowed them to use cash collateral they promised to pay to an insurance company. The insurance company filed a motion for an order requiring the debtor to arbitrate what it claimed was a contract dispute underlying the debtors' motion.
ABI Membership is required to access the full summary of In re Hostess Brands Inc. 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 General Auto Bldg. LLC
Dec
28
2012
Ruling
Application to use cash collateral to compensate appraiser denied.
Procedural posture
Debtor applied for an order per 11 U.S.C.S. § 363(c)(2)(B) permitting it to use cash collateral belonging to claimant LLC to compensate debtor's appraiser for certain services while the LLC sought relief from stay per 11 U.S.C.S. § 362 on various grounds including lack of adequate protection.
ABI Membership is required to access the full summary of In re General Auto Bldg. 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 Marble Hill Cliff Crossing Apts. LLC
Oct
21
2012
Ruling
Debtor in possession could hire contractor to handle methane remediation at apartment complex pursuant to cash collateral order.
Procedural posture
A limited partnership (LP) that was a secured creditor of debtor, a debtor in possession (DIP) under chapter 11, objected to DIP's motion to approve a contract with a contractor and to authorize DIP to pay the contractor the costs of installation of a methane gas remediation system. Issues included whether, as argued by LP, the matter was required to be raised in connection with plan confirmation.
ABI Membership is required to access the full summary of In re Marble Hill Cliff Crossing Apts. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Far East Natl Bank v. United States Trustee San Diego (In re Premier Golf Props. LP)
Aug
13
2012
Ruling
"After acquired" clause in security agreement did not apply to postpetition earnings which were not cash collateral.
Procedural posture
Appellant bank filed a motion to prohibit appellee debtor from using cash collateral. The U.S. Bankruptcy Court for the Southern District of California denied the motion because it determined that revenue from debtor's postpetition green fees and driving range fees did not constitute the bank's cash collateral. The bank appealed. The U.S. Trustee, San Diego, was also an appellee.
ABI Membership is required to access the full summary of Far East Natl Bank v. United States Trustee San Diego (In re Premier Golf Props. LP) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
LightStyles Ltd. V. Susquehanna Bank (In re LightStyles Ltd.)
Jul
27
2012
Ruling
Cash collateral order denied where debtor's financial projections were speculative.
Procedural posture
A chapter 11 debtor filed a motion for use of cash collateral pursuant to 11 U.S.C.S. § 363(c)(2). A bank that held a security interest in all of the debtor's assets other than motor vehicles requested that the court deny the motion or authorize the use of cash collateral only to the extent that the debtor provided the bank with adequate protection of its rights.
ABI Membership is required to access the full summary of LightStyles Ltd. V. Susquehanna Bank (In re LightStyles Ltd.) 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 OBrien
Dec
24
2011
Ruling
Debtor authorized to use cash collateral to continue operation of business.
Procedural posture
A chapter 11 debtor sought an order authorizing him to use collateral and cash collateral and granting adequate protection to creditors.
ABI Membership is required to access the full summary of In re OBrien Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Walker
Mar
07
2011
Ruling
Motion for use of cash collateral with lien on future crops as proposed adequate protection could not be granted.
Procedural posture
Chapter 12 debtors filed a motion to use the cash collateral of a creditor to fund the expenses of growing future crops under 11 U.S.C.S. § 363(c)(2) & (3) and 11 U.S.C.S. § 1205. They proposed to give the creditor liens on future crops as adequate protection, but the creditor objected.
ABI Membership is required to access the full summary of In re Walker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: