Title

Jurisdiction

Decided date

Filing type

28 U.S.C.

Federalpha Steel LLC Creditors Trust v. Fed. Pipe & Steel Corp. (In re Federalpha Steel LLC)

May

2006

Ruling

Court ruled it lacked jurisdiction over state law claims that were not related to debtor's case and abstained on fraudulent transfer claim since such claim duplicated state court issue.

Procedural posture

Plaintiff, an unsecured creditors'trust created by a confirmed plan of a bankruptcy debtor which was a limited liability company, brought an adversary proceeding against defendants, a former member of the debtor and related entities and individuals, asserting fraudulent and preferential transfer claims and claims under state law. Defendants moved to dismiss and for abstention.

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Court :

Northern District of Illinois ( Judge Goldgar ) [ Bankruptcy Court ]

opinion summary, case decided on May 31, 2006 , LexisNexis #0606-140

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11 U.S.C.

Schechter v. 5841 Bldg. Corp. (In re Hansen)

May

2006

Ruling

President of a corporate transferee of debtor payments was granted summary judgment on fraudulent transfer claim since the president was not the "initial transferee" and did not benefit from the transfer.

Procedural posture

Plaintiff, the chapter 7 trustee, filed an adversary proceeding under 11 U.S.C. § 548 against defendants, a corporation that was the transferee of debtor's payments, the subsequent recipient of the payments, and the president of both of those entities, to recover debtor's payments as fraudulent transfers. Following the close of discovery, the entities' president moved for summary judgment.

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Court :

Northern District of Illinois ( Judge Goldgar ) [ Bankruptcy Court ]

opinion summary, case decided on May 12, 2006 , LexisNexis #0606-026

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11 U.S.C.

John Hancock Life Ins. Co. v. Litas (In re Litas)

Apr

2006

Ruling

Motion to dismiss nondischargeability claim was denied despite the complaint having weak allegations of misrepresentations.

Procedural posture

Plaintiff insurance company sued defendant debtor, alleging that a debt resulting from the debtor's misrepresentations was nondischargeable under 11 U.S.C. § 523(a)(2)(A) or (B). The debtor moved to dismiss the complaint for failure to state a claim.

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Court :

Northern District of Illinois ( Judge Goldgar ) [ Bankruptcy Court ]

opinion summary, case decided on April 24, 2006 , LexisNexis #0506-124

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11 U.S.C.
- § 330

In re Del Monico

Apr

2006

Ruling

The disallowance of fees as an administrative claim under section 330 for services rendered after a chapter 11 trustee was appointed precluded debtor's counsel from having any further claim for those services.

Procedural posture

With leave of the bankruptcy court, bankruptcy debtors retained counsel to represent them in their chapter 11 case, and counsel's subsequent application for compensation was denied in part for services rendered after a chapter 11 trustee was appointed. Counsel filed an unsecured proof of claim for its denied fees, and the trustee objected to the claim.

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Court :

Northern District of Illinois ( Judge Goldgar ) [ Bankruptcy Court ]

opinion summary, case decided on April 19, 2006 , LexisNexis #0506-041

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11 U.S.C.

OHare Midway Limousine Serv. V. Conroy (In re Conroy)

Apr

2006

Ruling

Debtor lacked standing to assert counterclaim since debtor's breach of contract claim accrued prefilng and, thus, was estate property.

Procedural posture

Plaintiffs, creditors and defendant debtor's former employers, objected to the debtor's discharge under 11 U.S.C. § 727(a)(3) and alleged that the debt was nondischargeable under 11 U.S.C. § 523(a)(4) and (6). The debtor filed a counterclaim for an alleged breach of an agreement. The creditors moved to dismiss the counterclaim and to strike a portion of the counterclaim which was construed as a motion to strike a paragraph in the answer.

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Court :

Northern District of Illinois ( Judge Goldgar ) [ Bankruptcy Court ]

opinion summary, case decided on April 17, 2006 , LexisNexis #0606-058

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11 U.S.C.

Merritt v. Rizzo (In re Rizzo)

Jan

2006

Ruling

Court held that a defamation judgment against the debtor was dischargeable since the debtor believed the debtor's statement was true and thus did not inflict a willful and malicious injury.

Procedural posture

In defendant debtor's chapter 11 proceeding, plaintiff creditor filed an adversary complaint against the debtor alleging that the state court defamation judgment the creditor had obtained against the debtor was non-dischargeable under 11 U.S.C. § 523(a)(6). The matter was tried before the court.

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Court :

Northern District of Illinois ( Judge Goldgar ) [ Bankruptcy Court ]

opinion summary, case decided on January 27, 2006 , LexisNexis #0206-037

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