- 11 U.S.C.
In re WorldCom Inc.
Feb
26
2009
Ruling
Confirmation order in debtor's case did not preclude preference claims by trustee in bankruptcy of telecommunications provider.
Procedural posture
A telecommunications provider made payments for services to a bankruptcy debtor after the debtor filed its bankruptcy petition, and the trustee in the provider's subsequent bankruptcy brought an adversary proceeding in its own bankruptcy case against the debtor seeking to recover the payments as preferential or unauthorized postpetition transfers. The debtor moved for enforcement of its reorganization plan to preclude the provider's claims.
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Court
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In re XO Communs. Inc.
Dec
12
2008
Ruling
Chapter 11 debtor's financial advisor awarded additional fees for restructuring of unsecured debt.
Procedural posture
On remand from the U.S. Court of Appeals for the Second Circuit, the court was directed to clarify its determination, pursuant to 11 U.S.C.S. § 330(a), of the transaction fee awarded to a financial advisor for its services as restructuring financial advisor to a chapter 11 debtor.
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Court
:
- 11 U.S.C.
In re Enron Creditors Recovery Corp. v. Goldman Sachs & Co. (In re Enron Creditors Recovery Corp.)
Sep
04
2008
Ruling
SEC allowed to file brief out of time in adversary proceeding as its position was important to the record of the case.
Procedural posture
Plaintiff, reorganized chapter 11 debtors, and related entitites, had filed adversary proceedings against various companies. The Securities and Exchange Commission (SEC) sought to intervene under Fed. R. Bankr. P. 7024 and filed a motion for leave to file a brief out of time in the adversary proceedings, pursuant to 11 U.S.C.S. § 1109. The debtors opposed the motion.
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Court
:
- 11 U.S.C.
Chase v. Chase (In re Chase)
Aug
18
2008
Ruling
Debtor's mortgage obligation to former spouse was in the nature of support due to treatment as such by court in prior contempt proceeding.
Procedural posture
Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant, his estranged wife, seeking a judgment that an order issued by the Supreme Court of the State of New York, County of Columbia, which required him to pay $ 39,243 in mortgage payment arrears on the couple's marital residence was dischargeable under former 11 U.S.C.S. § 523 (amended 2005). The wife filed a motion to dismiss.
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Court
:
- 11 U.S.C.
Forrest v. Bressler (In re Bressler)
May
15
2008
Ruling
Attorney debtor's discharge denied due to concealment and nondisclosure.
Procedural posture
Plaintiffs, former clients of the chapter 7 debtor, a disbarred attorney, brought an adversary proceeding seeking an exception to and a denial of the discharge sought by the debtor, pursuant to 11 U.S.C.S. §§ 523(a)(6), 727(a)(2) and (a)(4), citing his willful behavior, his concealment of assets with intent to hinder or delay, and numerous representations in his schedules and testimony containing misstatements or omissions made under oath.
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Court
:
- 11 U.S.C.
In re Ampex Corp.
May
14
2008
Ruling
Appointment of official committee of equity security holders denied where significant distribution was unlikely.
Procedural posture
Movant shareholder filed a motion for an order directing the appointment of an official committee of equity security holders under 11 U.S.C.S. § 1102(a)(2). Respondents, the debtors, the United States Trustee, and a creditor opposed the motion.
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Court
:
In re Source Enters.
Mar
27
2008
Ruling
Attorneys' fees denied where firm held undisclosed interest adverse to estate.
Procedural posture
A law firm applied for payment of fees and reimbursement of expenses in connection with its representation of the debtor in a chapter 11 bankruptcy case.
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Court
:
- 11 U.S.C.
Official Comm. of Unsecured Creditors of Enron Corp. v. Martin (In re Enron Creditors Recovery Corp.)
Oct
17
2007
Ruling
$2.8 million in severance paid to debtor's former employee and affiliate was a recoverable preference.
Procedural posture
Movant, the unsecured creditors committee, sought summary judgment on a claim to avoid and recover payments to defendant, an ex-employee of debtor and its affiliate. Defendant filed cross- and third-party claims for contract breach and fraud and raised other claims, seeking summary judgment on some of them, against plaintiff affiliate, for which defendant had rendered services and which defendant sought to hold liable on a severance agreement.
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Court
:
- 11 U.S.C.
In re WorldCom Inc.
Feb
23
2007
Ruling
Creditor's claim was unsecured due to failure to act to protect lien that expired thirty days after chapter 11 plan confirmation.
Procedural posture
The debtors filed a motion for partial summary judgment to reclassify creditor's claim number as unsecured. The creditor filed its own motion for summary judgment and argued that its claim was secured by virtue of a mechanic's lien under Nebraska law.
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Court
:
- 28 U.S.C.
Enron Corp. v. Citigroup Inc. (In re Enron Corp.)
Oct
11
2006
Ruling
Third party complaint for contribution by defendants in adversary proceeding was not related to bankruptcy.
Procedural posture
Plaintiff debtors filed an adversary against defendant banks, seeking, inter alia, the avoidance of preferential transfers and the equitable subordination of claims. In addition, debtors alleged common law claims. The banks brought a Third-Party Complaint ("TPC") against third-party defendant auditing firm, asserting their right to contribution in the event they were held liable to debtor on the common law claims. The auditing firm moved to dismiss.
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Court
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