- 28 U.S.C.
In re Qualtec Inc.
Feb
16
2012
Ruling
Venue transferred to state where debtors were organized and headquartered and where most creditors were located.
Procedural posture
Creditor bank filed a motion to transfer venue of the jointly administered chapter 11 cases to the United States Bankruptcy Court for the Northern District of Illinois, based on the convenience of the parties and the interests of justice, pursuant to 28 U.S.C.S. § 1412 and Fed. R. Bankr. P. 1014(a).
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Court
:
Troisio v. Erickson (In re IMMC Liquidating Estate)
Feb
14
2012
Ruling
Trustee could seek withdrawal of reference to bankruptcy court on diversity grounds.
Procedural posture
Trustee of a liquidating trust for a bankruptcy debtor brought an adversary proceeding against defendants, but the bankruptcy court determined that it lacked jurisdiction over the proceeding. The trustee moved to transfer the proceeding to a district court or to allow the trustee to seek withdrawal of the bankruptcy reference.
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Court
:
In re New Century TRS Holdings Inc.
Feb
07
2012
Ruling
Claim filed by unknown creditor more than four years after plan approval disallowed.
Procedural posture
Debtor businesses declared chapter 11 bankruptcy and proposed a plan that asked the court to establish a trust to liquidate assets they owned. The court approved the plan and the appointment of a trustee, and the trustee filed an objection under 11 U.S.C.S. § 502(b), Fed. R. Bankr. P. 3001 and 3007, and Bankr. D. Del. R. 3007-1 to a claim that was filed by an unknown creditor almost four years after the court approved the plan.
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Court
:
- 11 U.S.C.
In re Tribune Co.
Oct
31
2011
Ruling
Confirmation of plans proposed by debtors with Official Committee of Unsecured Creditors and by bond holders denied.
Procedural posture
Before the court were two competing plans of reorganization for the debtors: one proposed jointly by the debtors, the Official Committee of Unsecured Creditors, and certain senior lenders (the DCL Plan), and one proposed jointly by the holders of certain bonds that were issued prior to a 2007 leveraged buyout of the parent company (the Noteholder Plan). The court considered the confirmability of the plans under 11 U.S.C.S. § 1129.
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Court
:
- 11 U.S.C.
In re New Century Trs. Holdings Inc.
Apr
11
2011
Ruling
Untimely filed insufficient claim disallowed as both administrative expense claim and general unsecured claim.
Procedural posture
An evidentiary hearing was held on March 26, 2009 to consider the liquidating trust's objection to a claim filed by a claimant who requested payment of administrative expenses.
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Court
:
- 11 U.S.C.
In re Midwest Props. of Shawano LLC
Dec
20
2010
Ruling
Cases dismissed where businesses were operating with losses and did not submit viable chapter 11 plans.
Procedural posture
Debtors, a holding company that owed real property in Wisconsin and an oil company that owed real property in Minnesota, filed separate pro se petitions under Chapter 11 of the Bankruptcy Code, and after both cases were assigned to the District of Delaware, the United States Trustee (UST) filed motions in both cases, seeking an order converting or dismissing both cases or appointing a Chapter 11 trustee. The debtors opposed the UST's motions.
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Court
:
- 11 U.S.C.
In re AbitibiBowater Inc.
Nov
22
2010
Ruling
Decision not to pursue fraudulent transfer proceeding against investor did not give rise to lack of good faith.
Procedural posture
In this Chapter 11 case, the debtors filed a request for confirmation of their Second Amended Joint Plan of Reorganization (the Plan). Objections to the Plan were filed, including a lack of good faith objection under 11 U.S.C.S. § 1129(a)(3).
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Court
:
In re Centaur LLC
Nov
05
2010
Ruling
Creditors' committee granted leave to prosecute colorable claims but with limitation on professional fees to be incurred.
Procedural posture
The debtors' official committee of unsecured creditors filed a motion, pursuant to 11 U.S.C.S. §§ 105(a), 1103(c), and 1109(b), for entry of an order granting them leave, standing, and authority to prosecute and, if appropriate, settle claims on behalf of the debtors' estates.
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Court
:
- 11 U.S.C.
In re WCI Cmtys. Inc.
Sep
02
2010
Ruling
Commercial lessor not entitled to administrative expense claim for taxes not supported by terms of lease.
Procedural posture
A commercial lessor that leased certain real property to a chapter 11 debtor filed an application for an allowed administrative expense claim pursuant to 11 U.S.C.S. § 365(d)(3) and /or 11 U.S.C.S. § 503(b). It sought administrative expense priority for its claim against the debtor for certain ad valorem taxes owing under the leases.
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Court
:
- 11 U.S.C.
In re Spansion Inc.
Dec
18
2009
Ruling
Bankruptcy court declined to appoint official committee of equity security holders absent showing that members would receive meaningful distribution.
Procedural posture
Debtors filed separate petitions under chapter 11 of the Bankruptcy Code, and their cases were consolidated for joint administration. An Ad Hoc Committee of Equity Security Holders filed a motion seeking appointment of an Official Committee of Equity Security Holders pursuant to 11 U.S.C.S. § 1102. The motion was opposed by the debtors, an Official Committee of Unsecured Creditors, other creditors, and the U.S. Trustee.
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Court
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