Doubet LLC v. Palermo (In re Palermo)
Jul
09
2007
Ruling
Debtor who engaged in complex transactions among shell entities in hindrance of creditors denied discharge on grounds of fraud.
Procedural posture
Plaintiff judgment creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that the debtor was not entitled to a discharge based on the debtor's fraud, inadequate records, and failure to explain the loss of assets under 11 U.S.C. § 727(a)(2), (3) and (5). The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
In re Brous
Jun
12
2007
Ruling
Trustee required to establish right to compensation under lodestar method.
Procedural posture
Three fee applicants sought final compensation in the chapter 7 case. They included: (1) the chapter 7 trustee; (2) the trustee's general counsel; and (3) the trustee's special litigation counsel. The main creditor in the case filed an objection to each application.
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Court
:
- 11 U.S.C.
In re Dana Corp.
May
30
2007
Ruling
Extension of time to file claims denied where creditor received sufficient notice.
Procedural posture
A creditor filed a motion under Fed. R. Bankr. P. 9006(b), seeking enlargement of time it had under 11 U.S.C. § 503(b)(9) to file claims for the sale of goods delivered to a corporation and affiliated corporations (debtors) during the 20-day period preceding the date the debtors filed for bankruptcy.
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Court
:
- 11 U.S.C.
Varble v. Chase (In re Chase)
May
18
2007
Ruling
Attorneys'fees incurred in divorce case and custody proceeding were discharged except to extent earned postpetition.
Procedural posture
Plaintiff creditor initiated an adversary proceeding against defendant chapter 7 debtor, seeking a determination of the dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A) or (a)(2)(C)(I) for legal fees for services performed during the debtor's state court divorce and child custody proceedings.
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Court
:
- 11 U.S.C.
Lubit v. Chase (In re Chase)
May
18
2007
Ruling
Fees accrued by psychaitrist in debtor's custody proceeding were nondischargeable diven debtor's fruadulent representations regarding payment.
Procedural posture
Plaintiff creditor initiated an adversary proceeding against defendant chapter 7 debtor, seeking a determination of the dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A) or (a)(2)(C)(I) for fees for forensic psychiatric consultation and expert witness services performed during the debtor's state court child custody proceedings.
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Court
:
- 11 U.S.C.
Live Nation Worldwide Inc. v. GTA Inc.
May
18
2007
Ruling
Creditor could proceed against guarantor without first proceeding against debtor.
Procedural posture
A debtor executed a sublease whereby it agreed to sublease from plaintiff corporation. Concurrently with the sublease, defendant guarantor entered into a guaranty. The debtor filed a petition for relief under chapter 11. The corporation sued the guarantor to enforce the unconditional guaranty of payment. The corporation moved for summary judgment under Fed. R. Civ. P. 56.
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Court
:
Bank of Am. v. Adomah (In re Adomah)
May
08
2007
Ruling
Bank violated stay by holding exempt funds pending debtor obtaining release from judgment creditor, though it did not act in bad faith.
Procedural posture
A Bankruptcy Court granted damages to appellee debtor arising out of a violation of 11 U.S.C. § 362. Appellant bank appealed. The debtor cross-appealed the denial in the opinion of punitive damages.
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Court
:
- 11 U.S.C.
Sassower v. Alito (In re Sassower)
May
03
2007
Ruling
Adversary proceeding and bankruptcy case dismissed on grounds of debtor's bad faith.
Procedural posture
A chapter 13 trustee filed a motion to dismiss debtor's adversary proceeding against defendants, the government officials and other entities, and to dismiss the bankruptcy case.
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Court
:
In re Diva Jewelry Design Inc.
May
01
2007
Ruling
Chapter 7 trustee could retain attorney who previously represented creditors.
Procedural posture
Chapter 7 trustee filed an application to employ a bankruptcy attorney under 11 U.S.C. § 327(a). The United States Trustee opposed the application on the grounds that the attorney was not disinterested, represented interests adverse to the estate, and had an actual conflict of interest.
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Court
:
In re Dana Corp.
Apr
19
2007
Ruling
Reclamation claims against goods disposed of to pay prior lienholders were valueless.
Procedural posture
The court entered a reclamation order, establishing procedures for resolving reclamation claims. The debtors filed a notice and proposed reconciliation of some 132 reclamation claims, asserting a prior lien defense to the claims. The reclamation claimants, parties that had supplied prepetition goods to the debtors in the course of business just prior or during the debtors'insolvency, filed objections to the reclamation notice.
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Court
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