- 11 U.S.C.
In re Soundview Elite Ltd.
Jan
23
2014
Ruling
Case not dismissed for bad faith or cause, but cause was shown for appointment of chapter 11 trustee.
Issue(s)
Should chapter 11 cases be dismissed as filed in bad faith or should chapter 11 trustees be appointed.
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- 11 U.S.C.
Weisfelner v. Fund 1 (In re Lyondell Chem. Co.)
Jan
14
2014
Ruling
Fraudulent transfer claims by creditor trust against holders of debtor's stock and based on assigned claims dismissed.
Issue(s)
Could trust acting as assignee of unsecured creditors maintain fraudulent transfer claims arising against debtor as a consequence of its LBO.
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- 11 U.S.C.
Messer v. Peykar Intl Co. (In re Fine Diamonds LLC)
Oct
11
2013
Ruling
Diamonds transferred to corporation under consignment agreement were property of the estate for which corporation's principal was liable for conversion.
Issue(s)
Was trustee entitled to recover value diamonds transferred to corporation pursuant to consignment agreement from the corporation's principals.
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:
- 11 U.S.C.
Marina Dist. Dev. Co. LLC v. Park (In re Park)
Apr
22
2013
Ruling
Loan by casino for gambling chips was dischargeable.
Procedural posture
In this adversary proceeding, casino sought a judgment pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (B) that the $110,000 it loaned to chapter 7 debtor for gambling chips during a four-day gambling trip at the casino was nondischargeable.
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:
- 11 U.S.C.
Geron v. Peebler (In re Peebler)
Mar
25
2013
Ruling
Former shareholder of debtor ordered to turn over proceeds of promissory note executed in favor of debtor.
Procedural posture
The chapter 7 trustee sought turnover pursuant to 11 U.S.C.S. § 542, of the proceeds of a promissory note defendant, a former shareholder of the debtor executed in favor of the debtor.
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In re Motors Liquidation Co.
Oct
16
2012
Ruling
Fair market standard was correct valuation method for creditor's lien on proceeds of sale of assets.
Procedural posture
In a contested matter the successor to the debtor auto maker agreed to purchase the majority of debtor's assets in a sale under 11 U.S.C.S. § 363. Certain secured creditors, which held liens on two of debtor's assets prior to the sale, asserted that, the value of the creditors liens was not properly determined as a matter of contractual interpretation of the sale order, under the guidance of 11 U.S.C.S. § 506(a).
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Court
:
- 11 U.S.C.
Morgenstein v. Motors Liquidation Co. (In re Motors Liquidation Co.)
Jan
18
2012
Ruling
Limited revocation of confirmation order to allow creditors to assert untimely claims denied.
Procedural posture
Owners of vehicles brought an adversary proceeding against bankruptcy debtors which manufactured the vehicles seeking a limited revocation of the order confirming the debtors' plan under 11 U.S.C.S. § 1144 to allow the owners to assert untimely claims based on a design defect in the vehicles, and alleging that the debtors fraudulently concealed the claims from the bankruptcy court. The debtors moved to dismiss the complaint.
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Official Committee of Unsecured Creditors v. U.S. Dept of the Treasury (In re Motors Liquidation Co.)
Nov
28
2011
Ruling
Debtor in possession had no right to proceeds of term loan action brought by creditors' committee.
Procedural posture
In this adversary proceeding under the umbrella of a chapter 11 case, Creditors' Committee sought a declaratory judgment providing that defendant Debtor-in-Possession (DIP) lenders in this case had no right to any proceeds that could result from a very major avoidance action (the Term Loan Action) that the Creditors' Committee brought on behalf of the debtor's old estate.
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In re Chemtura Corp.
Apr
19
2011
Ruling
Surety claim disallowed as untimely and released in creditor's agreement with debtor's predecessor.
Procedural posture
A creditor filed a proof of claim in a debtor's bankruptcy case alleging that one of a series of predecessors of the debtor breached an energy cogeneration agreement for which the debtor was liable as surety under the agreement. The debtor objected to the claim and moved for estimation of the creditor's claim for purposes of setting a distribution reserve.
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1342 Restaurant Group Inc. v. Modiri (In re Modiri)
Apr
18
2011
Ruling
Judgment based on debtor's subtenant's operation of prostitution ring was dischargeable absent justifiable reliance by creditor landlord.
Procedural posture
Plaintiff judgment creditor, a tenant of certain real property, brought an adversary proceeding against defendant, the Chapter 7 debtor, seeking a judgment of nondischargeability under 11 U.S.C.S. § 523(a)(6) and 523(a)(2)(A), as to a debt resulting from a judgment for breach of a sub-sublease entered in a court in the District of Columbia.
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