In re Gill
Apr
03
2006
Ruling
IRS did not violate discharge injunction since taxes IRS sought to collect were not discharged or were nondischargeable obligations.
Procedural posture
A chapter 11 matter was before the court on (1) debtor's Verified Motion for Summary Judgment, and (2) the United States'Motion for Summary Judgment. Both motions related to a Motion for Order to Show Cause filed by debtor.
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Court
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Enron Corp. v. Ave. Special Situations Fund II LP (In re Enron Corp.)
Mar
31
2006
Ruling
Court denied motion to dismiss trustee's avoidance complaint since the transferees'claims against debtors were subject to disallowance under section 502(d) if the claims were related to avoidable transfers received by the transferor bank.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant transferees of claims against bankruptcy debtors, asserting that the transferees'claims were subject to disallowance under 11 U.S.C. § 502(d) based on avoidable transfers received by the transferor bank in unrelated transactions. The transferees moved to dismiss the trustee's complaint.
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Court
:
- 11 U.S.C.
In re Worldcom Inc.
Mar
30
2006
Ruling
Court affirmed ruling that causes of action arose prepetition and, thus, were discharged by confirmation of chapter 11 plan.
Procedural posture
Appellants appealed from an order of the bankruptcy court, which granted appellee debtor's motion to bar the prosecution of certain property-related claims initiated by appellants. The bankruptcy court ruled that any valid claims possessed by appellants were prepetition in nature and therefore had been discharged by the confirmation of debtor's plan of reorganization.
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Court
:
- 11 U.S.C.
In re Delta Air Lines Inc.
Mar
23
2006
Ruling
Motion for setoff was denied since rejection damages under sections 365(g) and 502(g), which arose after filing, could not be set off against a prepetition claim.
Procedural posture
Creditor, a municipal aviation authority, brought a motion for relief from the automatic stay in order to set off under 11 U.S.C. § 553 certain credits in favor of the debtors, an airline and its subsidiaries, against rejection damages under 11 U.S.C. §§ 365(g) and 502(g) stemming from a lease with the aviation authority which the debtors rejected.
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Court
:
- 11 U.S.C.
Empire Bonding Agency v. Lopes (In re Lopes)
Mar
21
2006
Ruling
Private bond agency was not entitled to a determination that the debtor's obligation to the agency was nondischargeable pursuant to Code section 523(a)(7) since it was not a governmental agency.
Procedural posture
Plaintiff, a private bail bond agency, in the instant "dischargeability complaint," alleged causes of actions against defendant debtor, pursuant to various sections of 11 U.S.C. § 523. The only cause of action remaining at issue in the memorandum decision was Count I of the dischargeability complaint, which was brought pursuant to 11 U.S.C. § 523(a)(7). The matter was before the court for decision
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Court
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In re Coney Island Amusement Inc.
Mar
13
2006
Ruling
Court rejected the debtor's objection to a high postpetition interest rate imposed on overdue property taxes by finding the city code-mandated interest rate reasonable under the circumstances.
Procedural posture
Debtor objected to the use of the 18 percent interest rate prescribed by New York City, N.Y., Admin. Code § 11-224(g) as the postpetition interest rate to be collected by creditor city pursuant to 11 U.S.C. § 506(b) on debtor's overdue real property taxes. The bankruptcy court found the rate appropriate in the circumstances of the case. Debtor appealed.
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Court
:
- 11 U.S.C.
In re Bd. of Dirs. of Telecom Arg. S.A.
Feb
24
2006
Ruling
Petition for an order granting recognition to a final order of an Argentinian court approving debtor restructuring was granted since the restructuring treated creditors equally and was consistent with the Code.
Procedural posture
Foreign debtor filed a petition for an order under 11 U.S.C. § 304 to grant recognition to a final order of a court in Argentina approving the restructuring of the debtor under Argentine law pursuant to an acuerdo preventivo extrajudicial ("APE"). A creditor objected.
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Court
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Silverman v. Pauls Landmark Inc. (In re Nirvana Rest.)
Feb
24
2006
Ruling
Trustee was denied a motion to avoid a transfer of a guaranty under the Code and New York law since the trustee failed to show constructive fraudulence.
Procedural posture
Plaintiff, the chapter 7 trustee, commenced an adversary proceeding against defendant transferee to avoid, under New York law and 11 U.S.C. § 548(a), a guaranty given by debtor for the benefit of an affiliate, and to recover the rent payments made in connection with the guaranty. The matter was before the court for trial.
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Court
:
- 11 U.S.C.
Buchwald v. Avista Energy Inc. (In re N. Am. Energy Conservation Inc.)
Feb
17
2006
Ruling
Payments were deemed not preferential since they were payments of debts incurred by debtor in the ordinary course of business.
Procedural posture
Plaintiff chapter 7 trustee filed a preference action against defendant, one of debtor's electricity trading partners. The trustee sought, pursuant to 11 U.S.C. §§ 547(b) and 550(a)(1), to recover $1,698,400 it paid to the partner for energy debtor requested after it closed its electrical energy trading division. The partner moved for summary judgment seeking a determination that these monies were paid in the ordinary course of its business.
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Court
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In re Wuthrich
Jan
24
2006
Ruling
A foreign trustee was denied an injunction to enjoin a patent office proceeding since that proceeding was to address the threshold question of the ownership of a trademark, which needed to be decided before considering the appropriateness of injunctive relief.
Procedural posture
This was a foreign proceeding. Debtors operated SwissAir, a world-wide commercial airline. Its operations included flights between Switzerland and the United States. Its trademark "SWISSAIR" was registered with the U.S. Patent & Trademark Office ("USPTO"). An entity purchased debtors' flight operations and commenced a case before the USPTO to cancel debtors'registration of the trademark. The trustee moved to enjoin the proceeding in the USPTO.
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Court
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