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In re Exide Techs.

Apr
03
2006
Ruling
Motion to reject certain agreements for the sale of a division of debtor to purchaser was granted since the agreements were deemed executory.
Procedural posture

Debtors and debtors in possession sought approval from the court to reject certain agreements entered into with a purchaser for the sale of substantially all of debtor's industrial battery division.

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opinion summary, case decided on April 03, 2006 , LexisNexis #0406-117
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Miller v. MBM Corp. (In re Ameriking Inc.)

Mar
02
2006
Ruling
Trustee was denied a motion to further amend a transfer avoidance action complaint on procedural grounds and since the proposed new cause of action was barred by Code section 549(d)'s two-year limitations period.
Procedural posture

Plaintiff chapter 7 trustee filed an original complaint seeking recovery from defendant transferee of eight alleged transfers aggregating $1,222,901 under 11 U.S.C. §§ 547, 548, 502(d) and 550. The amended complaint asserted the same claims as the original complaint, but added a new two-page exhibit "B," detailing 56 apparently additional transfers totaling $4,959,980. The trustee moved for leave to file a second amended complaint.

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opinion summary, case decided on March 02, 2006 , LexisNexis #0406-060
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In re Garden Ridge Corp.

Mar
02
2006
Ruling
Claims by debtor's two former employees were deemed allowed as unsecured priority claims since their employment ended during the 90-day priority period and the right to receive severance payments was earned no earlier than on termination.
Procedural posture

Before the court in a chapter 11 matter was debtor's Seventh Omnibus Objection (Substantive) to Administrative and Priority Claims Pursuant to 11 U.S.C. §§ 105 and 502(b) and Fed. R. Bankr. P. 3001, 3003, 3007, and two responses thereto filed by claimants, former employees of debtor.

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opinion summary, case decided on March 02, 2006 , LexisNexis #0306-084
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