Green Tree Servicing LLC v. Taylor (In re Taylor)

Mar

2007

Ruling

Bankruptcy court properly awarded compensatory damages where creditor's willful violation of stay caused debtor to have a seizure.

Procedural posture

Appellant creditor and appellee debtor filed cross-appeals from an order in which the bankruptcy court awarded $5,000 in compensatory damages to the debtor pursuant to former 11 U.S.C. § 362(h) (now 11 U.S.C. § 362(k)) based on the creditor's willful violation of the automatic stay.

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Court :

Southern District of West Virginia ( Judge Copenhaver ) [ District Court ]

opinion summary, case decided on March 30, 2007 , LexisNexis #0507-052

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11 U.S.C.

In re Tropea

Aug

2006

Ruling

Unsuccessful stalking horse bidder debtor's business entitled to administrativ expense fee as efforts prevented tax sale to benefit of estate.

Procedural posture

An unsuccessful stalking horse bidder for the business assets of the chapter 13 debtor asked the bankruptcy court to award him a "finder's fee" of $3,000 to offset his unrecovered costs. The court held a hearing on the request.

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Court :

Northern District of West Virginia ( Judge Pearson ) [ Bankruptcy Court ]

opinion summary, case decided on August 17, 2006 , LexisNexis #0906-122

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28 U.S.C.
- § 1334

Logan Med. Found. Inc. v. Hayflich & Steinberg (In re Logan Med. Found. Inc.)

Jun

2006

Ruling

Bankruptcy court had subject matter jurisdiction over objection to proof of claim joined to claim for relief where debtor had fully disclosed its cause of action.

Procedural posture

Plaintiff debtor brought an adversary proceeding against defendants, a public accounting firm and an accountant, objecting to defendants'proof of claim for unpaid accounting services. Defendants moved to dismiss the complaint, arguing that the bankruptcy court lacked subject matter jurisdiction and that the debtor's claims were barred by judicial estoppel. The court held a hearing on the motion.

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Court :

Southern District of West Virginia ( Judge Flatley ) [ Bankruptcy Court ]

opinion summary, case decided on June 26, 2006 , LexisNexis #0906-101

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11 U.S.C.
- § 365
- § 365(f)

Hammons Fall 2006, LLC, In re--Revocable Trust of John Q. Hammons Dated December 28, 1989 v. JWJ Hotel Holdings Inc.

Dec

1989

Ruling

Debtor could not avoid purchase right of co-member of LLC, contained in a non-executory agreement, that was triggered upon effective date of plans calling for sale of debtor’s interest in the LLC. (Bankr. D. Kan.)

Issue(s)

Executory Contracts and Unexpired Leases; Assignment.

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Court :

District of Kansas ( Judge Berger ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on December 28, 1989 , LexisNexis #0723-081

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