Skip to main content

§ 157(b)(2)(B)

Nick Millennium Ctr. Retail, LLC, In re

Ruling
Motion to disqualify an attorney as counsel for the claimant not warranted as it could not besaid that the matter for which the attorney represented debtor previously was "substantiallyrelated" to the claimant's claim. (Bankr. N.D. Ill.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings; Authority to Allow or Disallow Claims and Exemptions and Estimate Claims and Interests.

ABI Membership is required to access the full summary of Nick Millennium Ctr. Retail, LLC, In re 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 04, 2017 , LexisNexis #0917-024

In re St. Vincents Catholic Med. Ctrs. of N.Y.

Ruling
Bankruptcy court had jurisdiction to determine allowance and amount of state WARN act claim.
Procedural posture

The chapter 11 debtors filed an objection to a proof of claim filed by the New York State Department of Labor under the N.Y. State Worker Adjustment and Retraining Notification (WARN) Act. The debtors also sought an injunction under 11 U.S.C.S. § 105(a). Before deciding whether the WARN Act was applicable to the debtors, the court addressed the issue of whether the bankruptcy court was the appropriate forum for liquidating the claim.

ABI Membership is required to access the full summary of In re St. Vincents Catholic Med. Ctrs. of N.Y. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 14, 2011 , LexisNexis #0411-103

Smith-Boughan Inc. v. Sun Trust Bank (In re GOE Lima LLC)

Ruling
Stay of core proceeding granted to allow arbitration of dispute pursuant to underlying contract.
Procedural posture

Creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that the debtor breached a contract whereby the creditor provided mechanical services in connection with construction of an ethanol facility on the debtor's property. The debtor moved for a stay of the proceeding pending arbitration.

ABI Membership is required to access the full summary of Smith-Boughan Inc. v. Sun Trust Bank (In re GOE Lima LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 01, 2009 , LexisNexis #1009-099

In re TWA Inc. Post Confirmation Esate

Ruling
Bankruptcy court had jurisdiction over employee's motion to compel purchaser of debtor's assets to pay workers'compensation benefits.
Procedural posture

An employee of the debtor filed a motion to compel the purchaser of the debtor's assets (successor in interest) to pay workers'compensation benefits. The successor in interest objected to the court's subject matter jurisdiction to determine the specific amount of the compensation.

ABI Membership is required to access the full summary of In re TWA Inc. Post Confirmation Esate Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 21, 2007 , LexisNexis #1007-105