- 11 U.S.C.
In re Adelphia Communs. Corp.
Jan
23
2006
Ruling
Interdebtor disputes did not evidence fraud or mismanagement warranting the appointment of a trustee for the intermediate subsidiary of a chapter 11 debtor.
Procedural posture
In this contested matter under the umbrella of the jointly administered chapter 11 cases of debtors, a communications company (parent company) and its subsidiaries, the Ad Hoc Committee of Noteholders, who were the holders of bond debt issued by an intermediate subsidiary of the parent company, one of the 231 debtors whose chapter 11 cases were being jointly administered in this court, moved for several orders, including disqualifying counsel.
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Court
:
- 11 U.S.C.
In re Refco Inc.
Jan
20
2006
Ruling
Official committee of unsecured creditors had duty to keep unsecured creditors informed but did not have to disclose information that was confidential or required waiving of attorney-client privilege.
Procedural posture
After several related entities filed voluntary chapter 11 petitions, movant official committee of unsecured creditors moved to clarify its obligation under 11 U.S.C. § 1102(b)(3)(A) to provide unsecured creditors who were not members of the committee with access to information.
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Court
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In re Proud Mary Marina Corp.
Jan
19
2006
Ruling
Purchaser of debtor's property's chapter 11 plan was confirmable while the debtor's plan was not confirmable since it failed good faith and feasibility requirements.
Procedural posture
Debtor, the operator of a mobile home park, and a proposed purchaser each presented a competing chapter 11 plan of reorganization. Debtor also moved for estimation of application for payment of the administrative expense claims of the proposed purchaser. The contestants disputed whether the plans satisfied the "good faith" requirement and the "feasibility" requirements set forth in 11 U.S.C. § 1129(a)(3) and (11).
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Court
:
- 11 U.S.C.
In re Helm
Jan
09
2006
Ruling
Debtors were allowed to reject an executory contract in its entirety since the contract was not fully performed and the contracting party could not overcome the debtor's showing that rejection of the contract would benefit the estate.
Procedural posture
The debtors, a musician and his wife, filed under chapter 7 and converted the case to a chapter 11 case. The debtors moved for entry of an order pursuant to 11 U.S.C. § 365 rejecting an executory contract with a collection agent.
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Court
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In re Euro-American Lodging Corp.
Jan
09
2006
Ruling
Creditor sustained burden of proof on involuntary petition where debtor had no more than eight bona fide creditors as of petition date.
Procedural posture
A creditor (mortgagee) filed an involuntary chapter 7 case, 11 U.S.C. § 303(b), against an alleged debtor, its mortgagor. The matter was before the court for a ruling following a three-day bench trial. The alleged debtor opposed the petition.
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Court
:
- 11 U.S.C.
In re Warneck
Jan
04
2006
Ruling
Debtors were granted an automatic stay extension since they filed in good faith and did not have a presumption of bad faith from prior filings.
Procedural posture
Debtors filed a chapter 13 bankruptcy petition. Debtors moved to extend the automatic stay.
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Court
:
- 11 U.S.C.
In re Parker
Jan
04
2006
Ruling
Court ruled that an automatic stay applied to one joint debtor but not the other since one had filed other petitions within a year of filing while the other debtor had not made such filings.
Procedural posture
A debtor and a joint debtor filed a joint chapter 13 case. A creditor filed an application for an order confirming that no automatic stay was in effect as to the debtor and the joint debtor. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 applied to the case because the case was filed after the October 17, 2005 effective date of the Act.
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Court
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Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. U.S. Relocation Servs. Inc. (In re 360networks Inc.)
Dec
19
2005
Ruling
A company helping debtors relocate their employees did not show in a transfer avoidance proceeding that transfers were made in the ordinary course of business, but the court ruled that it was unclear regarding whether its services constituted contemporane
Procedural posture
Plaintiff bankruptcy debtors brought an adversary proceeding against defendant relocation service company, seeking to recover as preferential transfers payments made by the debtors to the company for the company's services under a contract to assist in relocating the debtors'employees. The parties'cross-moved for summary judgment with regard to the company's defenses under 11 U.S.C. §§ 547(c)(1), (2).
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Court
:
- 11 U.S.C.
In re Fishwick
Nov
22
2005
Ruling
Court scheduled further hearing on debtor's application for automatic stay extension even though it appeared that debtor did not file in good faith.
Procedural posture
Debtor filed for chapter 13 bankruptcy protection. Because the debtor's prior chapter 13 filing was dismissed in the year prior to the date of the present filing, the debtor sought an extension of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
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In re Spiegel Inc.
Oct
31
2005
Ruling
Creditors were denied leave to appeal since creditors failed to show sufficient reason for failing to timely appeal or establish any other excusable neglect factors.
Procedural posture
Movant creditors sought leave to file an appeal or alternatively an enlargement of the time in which to file a notice of appeal of the bankruptcy court's decision denying their motion for reconsideration relating to the expungement of their claims against the chapter 11 debtors.
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Court
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