VWE Group Inc. v. Amlicke (In re VWE Group Inc.)
Jan
05
2007
Ruling
Motion for withdrawal of reference of non-core legal malpractice claim against debtor's prepetition counsel granted.
Procedural posture
Plaintiff, the official committee of unsecured creditors, filed an adversary proceeding against defendants, several former partners of a dissolved law firm that represented the debtor, and asserted malpractice claims based on their alleged failure to advise the Debtor to seek chapter 11 protection in a timely manner. Defendants filed a motion to withdraw reference and filed a jury demand.
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Court
:
- 11 U.S.C.
In re Delta Air Lines Inc.
Dec
21
2006
Ruling
Airline's regional subsidiary could reject colective bargaining agreement with pilot's union.
Procedural posture
Debtor, a regional airline who was a wholly-owned subsidiary of a national airline in bankruptcy, filed a motion pursuant to 11 U.S.C. § 1113 to reject its collective bargaining agreement with a union that represented its pilots.
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Court
:
Hawaii Structural Ironworkers Pension Trust Fund v. Calpine Corp.
Dec
20
2006
Ruling
Bankruptcy court properly granted injunction against prosecutor of state court action that would cause imminent substantial and irrevocable harm to restructuring.
Procedural posture
A state court action asserted claims against, among others, appellee debtor and five company directors. The debtor filed a voluntary petition under chapter 11 of the Bankruptcy Code. The bankruptcy court granted an injunction pursuant to 11 U.S.C. §§ 105(a) and 362(a)(1), and (a)(3) against the prosecution of the state court action against the directors. Appellant class representative appealed.
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Court
:
- 11 U.S.C.
Official Comm. of Unsecured Creditors of Tower Automotive v. Debtors & Debtors in Possession (In re Tower Automotive Inc.)
Dec
15
2006
Ruling
Settlement with unions and retirees establishing trust and guaranteeing minimum 20% recovery was proper and in best interests of all parties.
Procedural posture
After filing a motion to reject collective bargaining agreements pursuant to 11 U.S.C. § 1113 and to modify retiree benefits pursuant to 11 U.S.C. § 1114, appellee debtor reached retiree settlements with appellee unions and appellee retiree committee. Appellant creditors committee, which had supported the debtor's 11 U.S.C. §§ 1113 and 1114 motion, sought review of orders of the bankruptcy court approving the settlements.
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Court
:
In re Adelphia Communs. Corp.
Dec
11
2006
Ruling
Court refused to designate creditors'votes for confirmation on grounds of bad faith absent highly egregious conduct.
Procedural posture
The bondholders filed a motion to designate, for bad faith, the votes in the class of senior notes of the three targeted creditors that voted to support the chapter 11 plan for confirmation. The targeted creditors and creditors committee opposed the motion on the ground that there was no basis for disqualifying the votes.
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Court
:
Tower Automotive Mexico v. Grupo Proeza (In re Tower Auto Inc.)
Dec
07
2006
Ruling
Bankruptcy court lacked subject matter jurisdiction over proceeding for breach of arbitration agreement that would have no conceivable effect on bankruptcy.
Procedural posture
Plaintiff, a non-filing foreign subsidiary of an entity that had filed a chapter 11 proceeding, filed an adversary action in the court against defendant, a third party, claiming that defendant, which was, like plaintiff, a party to a joint venture, had breached certain arbitration agreements. Defendant sought to dismiss on a claim that the court lacked subject matter jurisdiction under 28 U.S.C. § 1334(b).
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Court
:
Masonic Hall & Asylum Fund v. Official Comm. of Unsecured Creditors (In re Refco Inc.)
Nov
26
2006
Ruling
Investors were not parties in interest and lacked standing to object to settlement between investment fund and creditors'committee.
Procedural posture
Appellants, investors in appellee fund, sought review of final orders of the bankruptcy court settling an adversary proceeding between the fund and appellee creditors committee. The bankruptcy court's orders (1) approved a settlement resolving the committee's efforts to recover amounts the fund withdrew from appellee debtors, and (2) quashed subpoenas issued on behalf of the investors.
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Court
:
- 11 U.S.C.
Argo Fund Ltd. v. Board of Directors of Telecom Arg. (In re Board of Directors of Telecom Arg.)
Nov
20
2006
Ruling
Creditor's objections to enforcement of Argentine court's order barred by res judicata.
Procedural posture
Appellee debtor filed an action pursuant to 11 U.S.C. § 304, seeking approval and enforcement of an acuerdo preventivo extrajudicial ("APE") that had been approved by an Argentine court. Appellant creditor appealed from an order of the Bankruptcy Court for the Southern District of New York, which confirmed the debtor's petition.
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Court
:
- 11 U.S.C.
United States Dept of Health and Human Services v. Britt (In re Britt)
Nov
13
2006
Ruling
Discharge of Health Education Assistance Loans is not governed by the bankrutpcy code.
Procedural posture
Appellant, the United States Department of Health and Human Services, sought review of a decision of the Bankruptcy Court for the Southern District of New York, which granted appellee debtor discharge from her federally insured Health Education Assistance Loans ("HEAL loans").
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Court
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Delta Air Lines Inc. v. Bibb (In re Delta Air Lines)
Nov
03
2006
Ruling
Government's deduction of prepetition overpayments from postpetition transportation payments was barred by automatic stay.
Procedural posture
Plaintiff debtors filed an adversary proceeding against defendants, the acting administrator of the General Services Administration and the United States (Government), contending that the Government was precluded from deducting amounts that the Government allegedly "overpaid"to the debtor for purchased services. The parties filed cross-motions for summary judgment.
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Court
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