- 11 U.S.C.
Zazzali v. Swenson (In re DBSI Inc.)
Feb
11
2011
Ruling
Sovereign immunity does not apply to prevent state law fraudulent transfer proceedings against IRS.
Procedural posture
A chapter 11 trustee filed a complaint against defendants, the IRS and insiders, to recover allegedly fraudulent transfers made to the insiders and on behalf of the insiders to the IRS and state taxing authorities. Pursuant to Fed. R. Civ. P. 12(b)(6), the United States filed an amended motion to dismiss those counts seeking to recover transfers made to the IRS under 11 U.S.C.S. § 544(b)(1), applying Idaho fraudulent transfer statutes.
ABI Membership is required to access the full summary of Zazzali v. Swenson (In re DBSI Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Claybrook v. AutoZone Texas LP (In re American Remanufacturers Inc.)
Dec
08
2010
Ruling
Trustee could reopen case to pursue receivables due debtor.
Procedural posture
Defendants filed a motion to dismiss plaintiff Chapter 7 trustee's complaint for damages, which alleged breach of contract, quantum meruit, and turnover of estate property, all based on vendor agreements between defendants and the debtors.
ABI Membership is required to access the full summary of Claybrook v. AutoZone Texas LP (In re American Remanufacturers Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Nextmedia Group Inc.
Nov
05
2010
Ruling
Claim disallowed where creditor failed to timely provide schedule required by prepetition asset purchase agreement.
Procedural posture
Debtors, a communications company and affiliated businesses, filed voluntary petitions under chapter 11, and claimant, a communications company that entered into an agreement with one of the debtors, filed an unsecured claim against that debtor's bankruptcy estate. The debtor filed an objection to the claim.
ABI Membership is required to access the full summary of In re Nextmedia Group Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Dollar Tree Stores Inc. v. Bayless Inv. & Trading Co. (In re Factory 2-U Stores Inc.)
Aug
20
2010
Ruling
Bankruptcy court lacked jurisdiction over dispute between landlord and assignee of debtor's assumed lease.
Procedural posture
Plaintiff tenant, an assignee of a lease from a chapter 7 debtor, filed a complaint for a declaratory judgment against defendant landlord to resolve the contractual rights and duties of the parties. The landlord filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction under 28 U.S.C.S. § 1334. In the alternative, the landlord requested the court to abstain from the matter pursuant to § 1334(c)(1).
ABI Membership is required to access the full summary of Dollar Tree Stores Inc. v. Bayless Inv. & Trading Co. (In re Factory 2-U Stores Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re DBSI Inc.
May
12
2010
Ruling
Relief from stay to foreclose denied where creditor had not shown that it had a valid perfected lien or a statutory lien and had not sought relief in an adversary proceeding.
Procedural posture
A bank, as Indenture Trustee, brought four motions. Three of the motions sought entry of orders, pursuant to 11 U.S.C.S. § 362, lifting the stay to allow the bank to foreclose on its alleged collateral and exercise state law remedies. The remaining motion sought a declaratory judgment that the bank's actions as to seizure of funds in certain accounts did not violate the stay. The Trustee and Official Committee of Unsecured Creditors objected.
ABI Membership is required to access the full summary of In re DBSI Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re HSF Holding Inc.
Jan
13
2010
Ruling
Abandonment of spare main engine for ferry vessel to principal creditor approved over objection of official committee of unsecured creditors.
Procedural posture
The debtors moved, pursuant to 11 U.S.C.S. §§ 105(a) and 554(a), for entry of an order approving abandonment of the debtors' estates' interests in a spare main engine for a ferrying vessel, which would be abandoned to the principal creditor. The official committee of unsecured creditors opposed the motion, arguing the spare engine should remain an asset of the debtors' estate.
ABI Membership is required to access the full summary of In re HSF Holding Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Republic Underwriters Ins. Co. v. DBSI Republic LLC (In re DBSI Inc.)
Aug
10
2009
Ruling
Proceeding concerning debtor's ability to assign sublease was a core proceeding of which abstention was denied.
Procedural posture
Plaintiff sublessee of commercial property brought actions in state court against defendant owners of the property seeking a declaration that rejection of a master lease of the property by a bankruptcy debtor terminated the sublease of the sublessee and precluded the debtor's assignment of the sublease to the owners. The actions were removed to bankruptcy court, and the sublessee moved for remand or abstention, and for a preliminary injunction.
ABI Membership is required to access the full summary of Republic Underwriters Ins. Co. v. DBSI Republic LLC (In re DBSI Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re DBSI Inc.
May
28
2009
Ruling
Assumption and assignment of commercial sublease denied absent adequate assurance of future performance.
Procedural posture
Pursuant to 11 U.S.C.S. § 365(b)(1), a chapter 11 debtor moved to assume and assign the lease of a commercial office building to the group of tenant-in-common owners. The sublessee objected to the assumption and assignment.
ABI Membership is required to access the full summary of In re DBSI Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
In re GWLS Holdings Inc.
Feb
23
2009
Ruling
Credit bid sale allowed free and clear of liens.
Procedural posture
The bankruptcy court authorized a credit bid sale of substantially all of the chapter 11 debtors' assets. The sale order stipulated that the purchased assets remained subject to a lien in favor of the first lien lenders, pending further order as to whether such claim could be credit bid and whether the debtors' assets could be sold free and clear of such lien. The parties submitted supplemental memoranda.
ABI Membership is required to access the full summary of In re GWLS Holdings Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Joyce
Jan
06
2009
Ruling
Expungement of debtor's bankruptcy allegedly filed as a result of identity theft denied.
Procedural posture
Movant debtor filed a voluntary petition for chapter 7 bankruptcy relief and received a discharge. The debtor moved to vacate his bankruptcy filing.
ABI Membership is required to access the full summary of In re Joyce Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: