Skip to main content

§ 1408

In re Lewis

Dec
23
2010
Ruling
Chapter 13 case dismissed due to improper venue and plan that was not feasible.
Procedural posture

The State of Colorado filed an Objection to Confirmation of Debtor's proposed Chapter 13 Plan. The Trustee filed Motions to Dismiss, including the Motion discussed in this opinion to dismiss this case with prejudice. An evidentiary hearing was held. The hearing on the Colorado Objection was consolidated with hearing on factual issues as to venue presented in Paragraph 21 of the Trustee's Motion to Dismiss. Debtor moved to remove the Trustee.

ABI Membership is required to access the full summary of In re Lewis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 23, 2010 , LexisNexis #0111-102
LexisNexis Article
Learn More

Sherwood Invs. Overseas Ltd. Inc. v. Royal Bank of Scotland (In re Sherwood Invs. Ltd. Inc.)

Dec
09
2010
Ruling
British Virgin Islands corporation that filed for bankruptcy in a proper U.S. court could file adversary proceeding against British bank in the same court.
Procedural posture

Debtor, a British Virgin Islands corporation, filed an adversary proceeding against defendant bank, which filed a motion to dismiss the proceeding for forum non conveniens. It argued that the case should be refiled in London.

ABI Membership is required to access the full summary of Sherwood Invs. Overseas Ltd. Inc. v. Royal Bank of Scotland (In re Sherwood Invs. Ltd. Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 09, 2010 , LexisNexis #0211-031
LexisNexis Article
Learn More

In re West Coast Interventional Pain Med. Inc.

Aug
12
2010
Ruling
Transfer of venue warranted both for the convenience of the parties and in the interests of justice due to location of creditors, witnesses and controlling law.
Procedural posture

Debtors with the same controlling principal filed bankruptcy petitions in Indiana, and a judgment creditor moved to transfer venue of the bankruptcy cases to California where most of the debtors were incorporated, formerly conducted business, and were suspended from conducting business.

ABI Membership is required to access the full summary of In re West Coast Interventional Pain Med. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 12, 2010 , LexisNexis #0910-063
LexisNexis Article
Learn More

All Star Ford Holdings LLC v. Cole (In re Cole)

Jul
21
2008
Ruling
Debtor who moved to new state to live with brother and then rented a home established residency within 91 days of petition date.
Procedural posture

Defendant debtor filed for relief under chapter 11 of the United States Bankruptcy Code. Plaintiff movant, an interested party in the proceedings, filed a motion to transfer venue of the adversary proceeding to the Western District of Washington. The movants also filed a motion to dismiss for improper venue, or alternatively, to transfer venue for the underlying bankruptcy proceedings. The court issued findings of fact and conclusions of law.

ABI Membership is required to access the full summary of All Star Ford Holdings LLC v. Cole (In re Cole) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 21, 2008 , LexisNexis #0808-127
LexisNexis Article
Learn More
Subscribe to %1