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In re Beatriz Ready Mix Inc.

Feb
03
2009
Ruling
Cement plant lease had sufficient tie-ins to transportation agreement to prevent severance for assumption and rejection purposes.
Procedural posture

After the debtor sought bankruptcy protection, it moved to assume an unexpired lease over the locale where its cement and/or poured concrete manufacturing plant was located, but moved to reject an unexpired transportation agreement for hauling the raw materials used in the manufacturing process. The lessor and trucker objected. The court held an evidentiary hearing. The lessor and trucker asked for a judgment on partial findings.

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Commercial opinion summary, case decided on February 03, 2009 , LexisNexis #0309-113
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Baerga v. Solomon Bros. Realty Corp. (In re Raven)

Sep
28
2006
Ruling
Debtor awarded punitive damages for creditor's knowing violation of discharge injunction and damages for emotional disturbance of being served at financial insitution where she worked as loan officer.
Procedural posture

After a court entered a default judgment in favor of defendant creditor in its action for collection of money and foreclosure of a mortgage against plaintiff debtor, the court entered a default judgment in the debtor's adversary proceeding alleging that the underlying debt had been discharged before the mortgage lien securing its payment was registered. The debtor filed a motion for entry of judgment and for damages.

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opinion summary, case decided on September 28, 2006 , LexisNexis #0307-018
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