Youngman v. Fleet Bank N.A. (In re A&P Diversified Techs. Realty Inc.)
Jan
19
2006
Ruling
Mortgage bank was not entitled to collection-related attorneys'fees and expenses provided for under a mortgage agreement since the agreement had merged into a foreclosure judgment.
Procedural posture
Appellant bankruptcy trustee filed an appeal after the district court affirmed two orders entered by a bankruptcy court, which awarded attorneys'fees and expenses to appellee mortgagee bank under 11 U.S.C. § 506(b) for foreclosure-related services that the bank's attorneys rendered. The trustee argued that the bank was not entitled to fees under section 506(b).
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AC&S Inc. v. Travelers Cas. & Sur. Co.
Jan
19
2006
Ruling
Arbitration award violated automatic stay since the arbitration should have been halted once it was evident that estate property could be negatively affected.
Procedural posture
Appellant asbestos company (insured) sought review of a decision of the district court, which affirmed an arbitration award in favor of appellee insurance company. The arbitration resolved an issue regarding the allocation of claims between the insured's products coverage and its "operations"coverage.
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Walsh v. Bracken (In re Davitch)
Jan
18
2006
Ruling
Trustee was allowed to recover, on behalf of the debtor's estate, the full amount of distributions made by the debtor's sister from the father's estate after the sister knew of the debtor's filing, and the debtor's discharge was vacated.
Procedural posture
Movant, a trustee in a chapter 7 bankruptcy proceeding, filed an action against respondent, the debtor's sister, claiming that the sister was aware of a pending bankruptcy and nonetheless distributed funds to the debtor that belonged to the estate. The trustee sought reimbursement of the funds for the estate and sought to hold the sister in contempt. The trustee also sought to vacate the debtor's discharge in bankruptcy.
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Court
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City & County of San Francisco v. PG&E Corp.
Jan
10
2006
Ruling
State unfair practices actions seeking restitution constituted police or regulatory power actions that could not be removed to bankruptcy court.
Procedural posture
Plaintiff governmental entities sued defendant corporation and its utility company in state court seeking restitution to third parties under Cal. Bus. & Prof. Code section 17200 of the California Unfair Practices Act. The actions were removed to bankruptcy court. The bankruptcy court ruled the section 17200 actions for restitution were not removable. The U.S. district court held otherwise. The entities appealed.
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- FRBP
In re Cable & Wireless USA Inc.
Jan
06
2006
Ruling
Taxing authority was denied a motion to file a late proof of claim since excusable neglect was not found where the taxing authority had delayed more than a year in requesting to file the proof of claim.
Procedural posture
Creditor, a state taxing authority, filed a motion for leave to file a late proof of claim. The claim was for overdue unemployment insurance taxes. The trustee of the liquidating trust filed an opposition to the motion.
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Court
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Cohen v. KB Mezzanine Fund II LP (In re SubMicron Sys. Corp.)
Jan
06
2006
Ruling
Asset sale approval was affirmed since the bankruptcy court did not err in characterizing the lenders'financing as debt rather than equity and since the lenders were allowed to credit bid the full face value of their claims against the debtor's estate.
Procedural posture
A creditors' committee in a bankruptcy case brought an adversary proceeding against appellee lenders challenging a sale under 11 U.S.C. § 363(b) of debtors' assets; appellant plan administrator was substituted for the committee. The district court withdrew the reference to the bankruptcy court and approved the sale. The administrator appealed.
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Miller v. Advantage Credit Counseling Service (In re Miller)
Jan
05
2006
Ruling
Alleged facsimile from credit counseling agency did not meet certification of credit counseling requirement, but the court treated document as a motion for a reasonable time to obtain the certification.
Procedural posture
Debtor filed a chapter 13 bankruptcy petition. The court granted debtor's motion for an extension of time for filing the certificate of credit counseling required under 11 U.S.C. §§ 109(h)(1) and 521(b). Debtor filed a document that was purportedly a certificate of credit counseling.
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Court
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- 11 U.S.C.
In re Goodell
Jan
04
2006
Ruling
Trustee's motion to dismiss the debtor's chapter 13 case was granted since the debtor did not fully fund the IRS's priority claim or provide enough for unsecured creditors in the debtor's plan.
Procedural posture
Debtor filed a chapter 13 bankruptcy petition. The chapter 13 trustee moved to dismiss the case. Debtor objected to a proof of claim filed by creditor IRS.
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Court
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- 11 U.S.C.
In re Armstrong World Indus.
Dec
29
2005
Ruling
Debtor corporation was denied confirmation of its chapter 11 reorganization plan because the plan's distribution of warrants to equity interest holders over the objection of a class of unsecured creditors violated the absolute priority rule.
Procedural posture
Appellant debtor corporation and two of its subsidiaries filed a chapter 11 petition for bankruptcy. An unsecured creditors committee filed objections to the bankruptcy court's proposed findings and conclusions with the district court. The district court denied confirmation of the bankruptcy reorganization plan. The debtor corporation appealed.
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- 11 U.S.C.
ETS Payphones Inc. v. AT&T Universal Card (In re PSA Inc.)
Dec
28
2005
Ruling
Funds transferred by the debtor's former employee to a bank were recoverable by the debtor since the employee misappropriated the funds postpetition without authorization from the court.
Procedural posture
Plaintiff debtor filed the instant adversary proceeding against defendant bank, alleging that the payments made by a former employee of debtor to the bank were fraudulent transfers. Debtor sought to avoid and recover the transferred funds pursuant to 11 U.S.C. §§ 549 and 550. The bank moved for summary judgment under Fed. R. Civ. P. 56.
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Court
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