- 11 U.S.C.
In re Idearc Inc.
Dec
22
2009
Ruling
Chapter 11 plan confirmed over objections of creditors.
Procedural posture
Debtors, a corporation and affiliated businesses, filed voluntary petitions seeking relief under chapter 11 of the Bankruptcy Code. The court ordered joint administration of the debtors' bankruptcy estates, and the debtors filed a plan for reorganizing their businesses. Several classes of creditors voted to reject the plan.
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Court
:
- 28 U.S.C.
Manchester Inc. v. Lyle (In re Manchester Inc.)
Jun
01
2009
Ruling
Avoidance proceeding transferred pursuant to forum selection clause in contract with transferee.
Procedural posture
Debtor and litigation trustee filed an adversary proceeding against car business sellers, alleging, inter alia, breach of contract and seeking avoidance and recovery of transfers pursuant to 11 U.S.C.S. §§ 544(a), 547, and 548. Relying on 28 U.S.C.S. §§ 1404 or 1406, the sellers moved to dismiss or transfer the adversary proceeding to another judicial district pursuant to a forum selection clause in the parties' contracts.
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Court
:
Faulkner v. Kornman (In re Heritage Org. LLC)
May
11
2009
Ruling
Trustee could recover distributions made with intent to hinder or delay creditors and without legitimate business purpose.
Procedural posture
Plaintiff sued defendant suppliers, affiliated entities, controlling individual, and debtor's members, seeking to recover distributions to the members pursuant to 11 U.S.C.S. §§ 544 and 550 and distributions to the individual and suppliers pursuant to 11 U.S.C.S. §§ 547 and 550. The trustee also sought to hold the individual and entities liable to the debtor's creditors under the alter ego and sham to perpetuate injustice theories.
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Court
:
- FRBP
Manchester Inc. v. Lyle (In re Manchester Inc.)
Dec
19
2008
Ruling
Motion to withdraw proofs of claim granted.
Procedural posture
Plaintiff debtor filed for relief under chapter 11 of the Bankruptcy Code. Before the bankruptcy proceeding was filed the debtor had been involved in litigation with defendant sellers. The sellers filed a claim in the bankruptcy proceeding for $ 9 million, which was later amended to seek a total recover of $33.4 million. The sellers filed a motion to withdraw their proofs of claim under Fed. R. Bankr. P. 3006.
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Court
:
- 11 U.S.C.
Meredith Corp. v. Home Interiors & Gifts Inc.)
Oct
09
2008
Ruling
Holder of trademark licensed for use by debtor entitled to administrative expense claim for postpetition use of the trademark which benefitted the estate.
Procedural posture
Plaintiff creditor, the holder of a trademark licensed for use to the debtor, calculated an administrative expense claim at $ 1,125,000.24 for the debtor's postpetition continued use of the trademark, although the debtor had nominally rejected the license agreement under 11 U.S.C.S. § 503(b)(1)(A). The debtor denies that the claim was an allowable administrative expense claim, asserting it was a pre-petition claim under 11 U.S.C.S. § 502(g)(1).
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Court
:
In re Intl Galleries Inc.
Aug
25
2008
Ruling
Appointment of accounting firm that originally served in chapter 11 case approved nunc pro tunc where trustee's counsel had neglected to apply for reappointment of firm after conversion to chapter 7.
Procedural posture
A trustee who was appointed to represent a corporate debtor's bankruptcy estate under chapter 7 of the Bankruptcy Code filed an application to employ an accounting firm nunc pro tunc. A creditor filed an objection to the application.
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Court
:
- 11 U.S.C.
Faulkner v. Berg (In re Heritage Org. LLC)
Jul
23
2008
Ruling
Motion to withdraw reference of proceeding granted where settlement of trustee's claims left ony non-core issues.
Procedural posture
Plaintiff chapter 11 trustee filed an adversary proceeding against defendant promisor, alleging breach of contract and seeking turnover of property under 11 U.S.C.S. § 542, the promisor filed a third-party action against third-party defendant, the chapter 11 debtor's principal officer and indirect shareholder. The promisor and principal officer joined in a motion to withdraw reference of the action to the bankruptcy court.
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Court
:
- 11 U.S.C.
In re Dorado Beckville Partners LP
Jul
11
2008
Ruling
Motion for approval of sale of assets free and clear granted.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor filed a motion for an order approving the sale of assets free and clear of all liens, and related relief. The court held a hearing, and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Meyrowitz
Jun
27
2008
Ruling
All creditors that voted in favor of plan deemed to have accepted modification.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, and a plan, with modifications, was confirmed. The debtor filed a motion for determination that the plan modifications did not adversely affect any accepting creditor that had not accepted the modifications in writing. The court issued findings of fact and conclusions of law.
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Court
:
Litzler v. Chamblee & Ryan P.C. (In re TIC United Corp.)
Jun
17
2008
Ruling
Trustee not entitled to avoidance of, or violation of stay damages for, letter of credit transactions.
Procedural posture
Defendants, a third-party tort claims administrator and its counsel, filed a motion for summary judgment in plaintiff chapter 7 trustee's action, which sought turnover of property of the estate from defendants pursuant to 11 U.S.C.S. § 542, avoidance of post-petition transfers to defendants pursuant to 11 U.S.C.S. § 549(a), damages for willful violation of the automatic stay against defendants.
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Court
: