Adams v. Finlay
Nov
03
2006
Ruling
Bankruptcy court properly dismissed petitions for debtors'failure to obtain credit counselling.
Procedural posture
After appellee debtors filed bankruptcy petitions, appellant, the United States trustee, filed motions to dismiss the debtors'petitions. The bankruptcy court struck the debtors'petitions for their failure to obtain counseling prior to filing their petitions as required under 11 U.S.C. § 109(h). The trustee filed appeals. The appeals were consolidated.
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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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Northwest Airlines Corp. v. Association of Flight Attendants CWA (In re Northwest Airlines Corp.)
Sep
15
2006
Ruling
Denial of injunction to prevent flight attendants' union strike over rejection of collective bargaining agreement reversed and remanded.
Procedural posture
Pursuant to § 2 (First) of the Railway Labor Act ("RLA"), 45 U.S.C. § 152, appellant airline filed a motion for a preliminary injunction enjoining appellee, a flight attendants union, from carrying out threats to engage in a labor strike. The bankruptcy court denied the airline's motion on the ground that the Norris-LaGuardia Act, 29 U.S.C. § 101 et seq., deprived it of jurisdiction to issue an injunction. The airline appealed.
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Court
:
- 11 U.S.C.
In re SPhinX Ltd.
Sep
06
2006
Ruling
Foreign main proceeding recognition was inappropriate where debtor hedge fund's investors sought to use it defeat settlement with trustee in bankruptcy of the largest creditor.
Procedural posture
Foreign representatives of debtors in liquidation in a foreign country petitioned for recognition of the foreign liquidation proceedings as foreign main proceedings under 15 U.S.C. § 1517. Recognition was opposed by a trustee in bankruptcy cases in which a settlement with the debtors, which filed proofs of claim in the cases, was being appealed by certain of the debtors'investors.
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Court
:
Taunton Mun. Lighting Plant v. Enron (In re Enron Corp.)
Aug
23
2006
Ruling
Former version of section 502(g) clearly required damages to be calculated as of day prior to petition date in which case creditor utility suffered no damages.
Procedural posture
Appellant, a municipal public power utility, sought review of an order of the bankruptcy court disallowing and expunging the utility's proof of claim filed against appellee debtor.
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Court
:
- 11 U.S.C.
Northwest Airlines Corp. v. Association of Flight Attendants-CWA (In re Northwest Airlines Corp.)
Aug
17
2006
Ruling
Rejection of collective bargaining agreement entitled union to engage in self-help but court refused to enforce terms of new, unratified collective bargaining agreement.
Procedural posture
Bankruptcy debtors, an airline and its affiliates, rejected a collective bargaining agreement ("CBA") pursuant to 11 U.S.C. § 1113 and implemented the employment terms of their last proposal to a union. The debtors moved for a preliminary injunction prohibiting the union from engaging in economic self-help, and the union moved for an order substituting employment terms set out in a subsequent CBA which was not ratified by union members.
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Court
:
- 11 U.S.C.
RSM Richter Inc. v. Aguilar (In re Ephedra Prods. Liab. Litig.)
Aug
15
2006
Ruling
Court may recognize and enforce foreign claims liquidation procedure that lacks trial by jury.
Procedural posture
In consolidated products liability litigation in which numerous U.S. consumers sued a Canadian company that marketed a certain diet product in the U.S., petitioner, the monitor in a Canadian insolvency proceeding, moved for an order recognizing and enforcing an order of the Canadian insolvency tribunal that approved a claims resolution procedure for all creditor claims. Respondents, four U.S. claimants, objected to the order.
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Court
:
In re MarketXT Holdings Corp.
Aug
11
2006
Ruling
Petitioning creditor could not challenge sufficiency of involuntary petition.
Procedural posture
Movant, a purported creditor, sought an order (i) dismissing debtor's chapter 11 case for lack of subject matter jurisdiction, or in the alternative, (ii) directing the appointment of a chapter 11 trustee.
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Court
:
In re Quigley Co.
Aug
09
2006
Ruling
Reduction of asbestos claims to 90% resulted in dilution of claimants'votes and prevented consensual plan confirmation.
Procedural posture
The debtor and its non-debtor parent company sought to confirm the debtor's third amended plan of reorganization under chapter 11 to deal with their asbestos-related liability. The holders of unfiled and unliquidated asbestos-related personal injury claims (claimants) voted to accept or reject the plan.
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Court
:
- 11 U.S.C.
In re Delta Air Lines
Jul
21
2006
Ruling
Airline's motion for rejection of collective bargaining agreement with flight attendants granted.
Procedural posture
Chapter 11 debtor, a regional airline, filed a motion to reject its collective bargaining agreement ("CBA") with its flight attendants under 11 U.S.C. § 1113.
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Court
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