In re Wyatt & McAlister PLLC
Nov
07
2013
Ruling
Lawyer sanctioned for continuing to litigate issue of ability to file petition on behalf of professional LLC which only other member opposed.
Issue(s)
Should lawyer be sanctioned for filing bankruptcy petition on behalf of LLC with permission of only one of two members and for continuing to contest dismissal.
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Court
:
- 11 U.S.C.
Greer v. Healthcare Fin. Servs. LLC (In re Greer)
Aug
19
2013
Ruling
Student loan debt could not be discharged via language in chapter 13 plan.
Issue(s)
Did language of confirmed plan bar collection of student loan debt where debtor had not filed an adversary proceeding seeking discharge of the debt.
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Court
:
Lentz v. Myers (In re Myers)
Feb
14
2013
Ruling
All property held by debtor as of date of bad faith conversion to chapter 7 was property of the estate.
Procedural posture
The chapter 7 trustee sought an adjudication that certain legal causes of action pursued by defendants, debtors and their subsequently-formed corporation against third-parties in a district court action were property of the debtors' chapter 7 bankruptcy estate, and whether the corporation was a successor in interest to the debtors.
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Court
:
- 11 U.S.C.
In re Prevalence Health LLC
Nov
07
2012
Ruling
Transfer to debtor's president and chief operating officer avoided as preferential given inability to establish ordinary course of business exception.
Procedural posture
The chapter 11 trustee filed an action against defendant the president and chief operating officer of the debtor, to set aside a payment as a preference pursuant to 11 U.S.C.S. § 547. Defendant argued that the transfer was not a preference because it was made in the ordinary course of the debtor's business under § 547(c)(2). Both parties filed motions for summary judgment.
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Court
:
- FRBP
Pope v. Bataille (In re Bataille)
Feb
16
2012
Ruling
Nondischargeability proceeding dismissed where creditor abandoned underlying state court action against debtor.
Procedural posture
Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and /or (a)(7). The debtor filed a motion to dismiss pursuant to Fed. R. Bankr. P. 7012, which the court treated as a motion for summary judgment under Fed. R. Bankr. P. 7056.
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Court
:
- 11 U.S.C.
In re Green Hills Dev. Co. LLC
Feb
17
2011
Ruling
Involuntary petition dismissed where creditor did not show debtor was not paying debts as they came due or that its claim was not subject to bona fide dispute.
Procedural posture
An alleged debtor filed a motion to dismiss petitioning creditor's involuntary Chapter 7 petition filed against it pursuant to 11 U.S.C.S. § 303. The creditor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Fish & Fisher Inc.
Dec
17
2010
Ruling
Trustee's application to engage accounting firm that had sold its claim against debtor denied on reconsideration.
Procedural posture
The court issued an order on August 18, 2010, which approved a Chapter 11 trustee's application seeking permission under 11 U.S.C.S. § 327 to hire an LLP to perform work as accountants, auditors, and tax consultants for the trustee. The United States Trustee ("UST") reviewed that order and filed a motion which asked the court to reconsider its order, and two individuals who held ownership interests in the debtor joined the UST's motion.
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Court
:
- 11 U.S.C.
In re Wyatt & McAlister PLLC
Apr
23
2010
Ruling
Case dismissed where both members of PLLC did not join in petition.
Procedural posture
Following the filing of a voluntary chapter 7 case on behalf of debtor, a professional limited liability company (PLLC), by one of its members, the other member of the PLLC filed an emergency motion to dismiss the chapter 7 voluntary petition.
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Court
:
- 11 U.S.C.
In re Myers
Mar
09
2010
Ruling
Settlement and counteroffer in estate's conversion action against debtors disapproved as not in best interests of estate.
Procedural posture
Debtors brought claims against defendant insurer and related parties, asserting the insurer failed to provided them and their business entity with workers' compensation insurance coverage and made false representations to it. Those parties were embroiled in long term litigation that was eventually transferred to the bankruptcy court. The chapter 7 trustee moved for approval of proposed settlements of the claims.
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Court
:
B.C. Rogers Processors Inc. v. CIT GroupEquip. Fin. Inc. (In re B.C. Rogers Poultry Inc.)
Nov
16
2009
Ruling
Independence of letters of credit from debtors' owners from debtors' agreement with lessor which they secured did not preclude equitable subrogation of owners to rights of debtor after debtor defaulted.
Procedural posture
Plaintiff former owners of bankruptcy debtors brought an adversary proceeding against defendant lessor of the debtors' equipment under a sale/leaseback agreement between the debtors and the lessor alleging that, upon the debtors' default, the lessor improperly drew on the owners' letters of credit and sold the equipment. The lessor moved for summary judgment.
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Court
: