Skip to main content

Page Banner(Taxonomy)

judge carey

In re Tribune Media Co.

Ruling
Unsecured creditor could not recover postpetition interest, attorneys' fees and costs.
Issue(s)
Could unsecured creditor include postpetition attorneys' fees in its claim?

ABI Membership is required to access the full summary of In re Tribune Media Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 19, 2015 , LexisNexis #1215-044

In re Tropicana Entmt LLC

Ruling
Creditor that provided management services to debtor was not entitled to summary judgment on administrative claim but claim employee benefits creditor granted administrative expense status.
Issue(s)
Were claims of creditors who provided management services and employee benefits provider entitled to administrative expense status?

ABI Membership is required to access the full summary of In re Tropicana Entmt LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 13, 2015 , LexisNexis #1115-048

In re Northshore Mainland Servs. Inc.

Ruling
Chapter 11 case of Bahamanian debtors dismissed in best interests of debtors.
Issue(s)
Should Bahamian debtor's chapter 11 case be dismissed in favor of insolvency proceeding in the Bahamas?

ABI Membership is required to access the full summary of In re Northshore Mainland Servs. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 15, 2015 , LexisNexis #1015-038

In re Holley Performance Prods.

Ruling
Motion to reopen case with substantially completed plan that had been closed for three years denied.
Issue(s)
Should case that had been closed for three years be reopened for a ruling that creditors'environmental claims were barred by debtor's confirmed plan?

ABI Membership is required to access the full summary of In re Holley Performance Prods. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 31, 2015 , LexisNexis #0815-109

In re SelectBuild Ill. LLC

Ruling
Homebuilder being sued by reorganized debtor's employees could assert a direct claim against debtor's insurer as an additional insured under the policy.
Issue(s)
Could a homebuilder bring a direct claim against debtor's insurer for personal injury claims brought by debtor's employees under a policy on which homebuilder was a named insured?

ABI Membership is required to access the full summary of In re SelectBuild Ill. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 28, 2015 , LexisNexis #0615-124

In re ADI Liquidation Inc.

Ruling
Debtors could use setoff rights to reduce amount of goods priority claim.
Issue(s)
Could debtor use offset rights to reduce the amount of a § 503(b)(9) goods priority claim?

ABI Membership is required to access the full summary of In re ADI Liquidation Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 05, 2015 , LexisNexis #0615-010

In re Filenes Basement LLC

Ruling
Landlord's rent and abandonment claims were subject to a 15 percent cap but its mechanic's lien claim was not.
Issue(s)
Whether the "15 percent" referred to in § 502(b)(6)(A) refers to 15 percent of the remaining term of the lease or 15 percent of the remaining rent due under the lease and whether the limitation on lease termination damages in § 502(b)(6) encompasses the creditor lessor's claims for removal of abandoned furniture and fixtures and for satisfaction of a mechanic's lien?

ABI Membership is required to access the full summary of In re Filenes Basement LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 16, 2015 , LexisNexis #0515-043

Schaul v. Ludwig (In re Ludwig)

Ruling
Overriding royalty interest was a real property interest and priority obligations based on the interest could be avoided.
Issue(s)
Should creditor's second amended nondischargeability complaint be dismissed for failure to state a claim?

ABI Membership is required to access the full summary of Schaul v. Ludwig (In re Ludwig) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 02, 2015 , LexisNexis #0415-115

In re Highway Techs. Inc.

Ruling
Administrative expense status given to software vendor's claim that had been paid prior to petition date.
Issue(s)
Was creditor entitled to allowance and payment of an administrative expense claim based upon the debtors' post-petition use of creditor's software systems, and the legal fees incurred by creditor to obtain payment of its post-petition claim?

ABI Membership is required to access the full summary of In re Highway Techs. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 30, 2015 , LexisNexis #0215-118

In re Tropicana Entmt LLC

Ruling
Fees allocated among professionals representing numerous related debtors.
Issue(s)
How should legal fees be allocated among the professionals representing numerous related debtors?

ABI Membership is required to access the full summary of In re Tropicana Entmt LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 30, 2014 , LexisNexis #0115-073