Companies that were part of debtor's estate were under common control of debtor and liable for debtor's withdrawal liability.
Procedural posture
The U.S. District Court for the Northern District of Illinois held here that defendant two solvent affiliates of defendant insolvent employer, that incurred withdrawal liability to plaintiff fund, were both trades or businesses that were under common control with the insolvent employer at all relevant times so that both were liable for the employer's withdrawal liability. Defendants appealed.
ABI Membership is required to access the full summary of
Central States Southeast & Southwest Areas Pension Fund v. SCOFBP LLC
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on
December 27, 2011
, LexisNexis #0112-105
Debtor lacked standing to pursue action against lender unless exempt or abandoned by trustee.
Procedural posture
Defendant lender filed a motion for an order dismissing plaintiff borrower's complaint for failure to state a claim. The borrower asserted claims of promise without intent to perform and fraudulent concealment, and a claim for an accounting.
ABI Membership is required to access the full summary of
Flowers v. Wells Fargo Bank
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Bankruptcy court properly held that assumption or rejection of lease, that was not a true lease, was not required.
Procedural posture
The district court reviewed the bankruptcy court's decision not to require assumption or rejection of a lease of property that had been transferred to new owners.
ABI Membership is required to access the full summary of
Alegree v. Michael H. Clement Corp. (In re Michael H. Clement Corp.)
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
District court properly held claims trader was not entitled to "cure" under rejected executory contract.
Procedural posture
Affiliated debtors filed for Chapter 11 bankruptcy. A creditor assigned its unsecured claim to a claims trader. Debtor objected to the claim and rejected the contracts. The United States District Court for the Northern District of Illinois, Eastern Division held that the claims trader was not entitled to a "cure" that would pay it in full for the claim because the debtor did not assume the executory contracts at issue. The claims trader appealed.
ABI Membership is required to access the full summary of
Regen Capital I Inc. v. UAL Corp. (In re UAL Corp.)
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on
February 18, 2011
, LexisNexis #0311-069
Bankruptcy court properly found debt owed by debtor advertising firm was dischargeable absent evidence of fiduciary relationship with creditor.
Procedural posture
A bankruptcy court held that appellant creditor, failed to prove that a debt owed to it was non-dischargeable under 11 U.S.C.S. § 523(a)(4), after it concluded that the creditor had not established that appellee debtor acted in any fiduciary capacity toward the creditor. The U.S. District Court for the Northern District of Illinois affirmed. The creditor appealed.
ABI Membership is required to access the full summary of
Follet Higher Educ. Group Inc. v. Berman (In re Berman)
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on
January 21, 2011
, LexisNexis #0211-051
Criminal conviction for conversion did not preclude debtor from contesting finding of nondischargeability.
Procedural posture
Debtor challenged a summary judgment award of the bankruptcy court for the Southern District of Indiana, arguing that collateral estoppel should not have precluded him from challenging the nondischargeability, under 11 U.S.C.S. § 523(a)(6), of his debt to appellee creditor based upon his state conviction for criminal conversion against the creditor under Ind. Code § 35-43-4-3.
ABI Membership is required to access the full summary of
Garoutte v. Damax Inc.
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Debtor's action against mortgage lender dismissed as not properly disclosed in bankruptcy.
Procedural posture
Plaintiff debtor filed an action against defendants, a mortgage lender and a nominee beneficiary, alleging 11 claims for relief arising from the debtor's purchase of a home, default on a mortgage, and foreclosure proceedings. Defendants filed a motion to dismiss the action.
ABI Membership is required to access the full summary of
Neighbors v. Mortgage Elec. Registration Sys.
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Bankruptcy court properly allowed modification that provided greater payment to unsecured creditors where there was substantial change and denied in second case absent change.
Procedural posture
In two bankruptcy cases before the District Court for the Eastern District of Virginia, the chapter 13 trustee sought to modify a confirmed chapter 13 plan to increase the amount to be paid to the unsecured creditors. The bankruptcy court denied the motion to modify in case one, but granted it in case two and the district court affirmed the decisions. The trustee appealed in case one and the debtor appealed in case two.
ABI Membership is required to access the full summary of
Murphy v. ODonnell (In re Murphy)
Please
sign in
if you are already an ABI member, or otherwise you may
Become an ABI Member
Court
:
Judge or Jurisdiction information not available
opinion summary, case decided on
January 18, 2007
, LexisNexis #0207-068