- 11 U.S.C.
Avaya, Inc., In re
Jan
13
2014
Ruling
Debtor’s objection to former employee’s pension claim sustained in part. (Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests.
ABI Membership is required to access the full summary of Avaya, Inc., In re 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 Ampal-American Isr. Corp.
Dec
16
2013
Ruling
Damages for violation of stay denied in absence of allegations of injury in capacity as creditors.
Issue(s)
Were officers and directors of debtor entitled to damages for a stay violation relating to a demand for payment made upon them by an attorney for debtor's bondholders.
ABI Membership is required to access the full summary of In re Ampal-American Isr. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Old Carco LLC
Nov
08
2013
Ruling
Stipulation granting relief from now-expired stay to allow limited recovery against debtor's insurance did not prevent creditor from proceeding against parties never covered by the stay.
Issue(s)
Did stipulation granting relief from stay to allow creditor right to proceed against debtor for insurance proceeds only and otherwise waive class claims against the estate prevent creditor from pursuing claims against non-debtor manufacturer.
ABI Membership is required to access the full summary of In re Old Carco 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 Quigley Co.
Oct
24
2013
Ruling
Fee of law firm representing Official Committee of Unsecured Creditors approved with reductions for unnecessary work.
Issue(s)
Was law firm for Official Committee of Unsecured Creditors in entitled to fees incurred in work on plan that ultimately failed.
ABI Membership is required to access the full summary of In re Quigley Co. 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 Pulp Finish 1 Co.
Oct
02
2013
Ruling
Relief from stay to allow state slander and defamation action denied absent cause.
Issue(s)
Was plaintiff in state court slander and defamation action that had not been removed entitled to relief from stay.
ABI Membership is required to access the full summary of In re Pulp Finish 1 Co. 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 415 W. 150 LLC
Aug
28
2013
Ruling
Law firm for receiver not entitled to fees for unreasonable, unnecessary services that did not benefit the estate.
Issue(s)
Was law firm for receiver entitled to compensation for services rendered in contempt motion against debtor and managing member?
ABI Membership is required to access the full summary of In re 415 W. 150 LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Schuman v. Connaught Group Ltd. (In re Connaught Group Ltd.)
Apr
16
2013
Ruling
Class certification granted with regard to WARN Act claims against debtor.
Procedural posture
Putative class named plaintiff brought adversary claims under the Federal and New York State Workers Adjustment and Retraining Notification (WARN) Acts, asserting that debtor, which was engaged in the business of designing and selling fashion apparel for women, failed to give required notice. After debtor's plan was confirmed, the class plaintiff moved for certification of the class, and the debtor's trust opposed the motion.
ABI Membership is required to access the full summary of Schuman v. Connaught Group Ltd. (In re Connaught Group 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 Ampal-American Ins. Corp.
Apr
05
2013
Ruling
Operating trustee appointed in case involving numerous disputes regarding control of debtor pending confirmation.
Procedural posture
In a chapter 11 case, the Official Committee of Unsecured Creditors (the Committee) asked the court to approve a corporate government stipulation. The stipulation was opposed by the debtor's controlling shareholder and the United States Trustee.
ABI Membership is required to access the full summary of In re Ampal-American Ins. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
In re Waterscape Resort LLC
Mar
05
2013
Ruling
Permissive abstention as to determination of amount of claim denied.
Procedural posture
Before the court was debtor's motion for permissive abstention to allow a state court to decide the issue of what, if anything, debtor owed to a claimant that had filed a proof of claim.
ABI Membership is required to access the full summary of In re Waterscape Resort LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Hawker Beechcraft Inc.
Jan
28
2013
Ruling
Manufacturer's motion to reject executory aircraft purchase agreement and support plus agreements granted.
Procedural posture
Chapter 11 debtors, the manufacturers of jet aircraft, filed a motion to reject Aircraft Purchase Agreements and Support Plus Agreements under 11 U.S.C.S. § 365(a).
ABI Membership is required to access the full summary of In re Hawker Beechcraft Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: