Skip to main content

Circuit Court

ANZ Sec. Inc. v. Giddens (In re Lehman Bros.)

Ruling
Contribution and reimbursement claims of junior underwriters properly subordinated to claims of general unsecured creditors of lead underwriter.
Issue(s)
What was the proper priority to be assigned to claims by junior underwriters for contribution or reimbursement in the Lehman Brothers bankruptcy?

ABI Membership is required to access the full summary of ANZ Sec. Inc. v. Giddens (In re Lehman Bros.) 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 14, 2015 , LexisNexis #0116-015

FB Acquisition Prop. I LLC v. Gentry (In re Gentry)

Ruling
Bankruptcy court did not err in considering the status of debtors' company's bankruptcy in confirming their chapter 11 plan.
Issue(s)
Did bankruptcy court err in conducting its feasibility analysis before confirming individual debtors' chapter 11 plan?

ABI Membership is required to access the full summary of FB Acquisition Prop. I LLC v. Gentry (In re Gentry) 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 08, 2015 , LexisNexis #1215-128

Lazzo v. Rose Hill Bank (In re Schupbach Invs. LLC)

Ruling
Bankruptcy appellate panel properly reversed retroactive approval of attorney engagement and fees.
Issue(s)
Did the bankruptcy appellate panel properly reverse those portions of a bankruptcy court's order that confirmed post facto approval debtor's attorney's employment, allowed fees incurred prior to approval of his employment, and allowed postconfirmation fees?

ABI Membership is required to access the full summary of Lazzo v. Rose Hill Bank (In re Schupbach Invs. 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 November 03, 2015 , LexisNexis #1115-109

Treaty Energy Corp. v. Hallin (In re Treaty Energy Corp.)

Ruling
Involuntary debtor not entitled to recover losses to stock sales during pendency of dismissed case absent proof that price of shares declined.
Issue(s)
Was involuntary debtor's claim for alleged losses resulting from petitioning creditors' filing of the involuntary bankruptcy petition properly denied?

ABI Membership is required to access the full summary of Treaty Energy Corp. v. Hallin (In re Treaty Energy 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 October 27, 2015 , LexisNexis #1115-108

In re Forever Green Ath. Fields Inc.

Ruling
Involuntary case dismissed for bad faith.
Issue(s)
Could involuntary case be dismissed for bad faith where petitioning creditors met the necessary requirements?

ABI Membership is required to access the full summary of In re Forever Green Ath. Fields Inc. 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 October 15, 2015 , LexisNexis #1115-037

Weinman v. Walker (In re Adam Aircraft Indus.)

Ruling
Debtor could not recover transfers made to former president who was no longer an insider.
Issue(s)
Were corporate debtor's transfers to its previously terminated former president avoidable as made for less than reasonably equivalent value to an insider?

ABI Membership is required to access the full summary of Weinman v. Walker (In re Adam Aircraft Indus.) 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 October 15, 2015 , LexisNexis #1115-058

Brandt v. Horseshoe Hammond LLC (In re Equip. Acquisition Res. Inc.)

Ruling
Transfers of debtor's property by debtor's owner to casino properly held not to be avoidable pursuant to good faith defense.
Issue(s)
Could debtor's plan administrator recover funds transferred from debtor to debtor's original owner from the casino where the owner spent the funds?

ABI Membership is required to access the full summary of Brandt v. Horseshoe Hammond LLC (In re Equip. Acquisition Res. Inc.) 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 October 13, 2015 , LexisNexis #1115-023

HSBC Bank USA N.A. v. Blendheim (In re Blendheim)

Ruling
"Chapter 20" debtors properly allowed to void lien securing disallowed claim.
Issue(s)
Are "Chapter 20" debtors ineligible for Chapter 13's lien-voidance mechanism, which allows a debtor to void or modify certain creditor liens on the debtor's property, permanently barring the creditor from foreclosing on that property?

ABI Membership is required to access the full summary of HSBC Bank USA N.A. v. Blendheim (In re Blendheim) 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 October 01, 2015 , LexisNexis #1015-120

Hughes v. Tower Park Props. LLC (In re Tower Park Props. LLC)

Ruling
Trust beneficiary was not a "party in interest" who could contest dispute with debtor in bankruptcy court.
Issue(s)
Whether a beneficiary of a trust who disagrees with the way the trust was administered by former trustees is a "party in interest" with standing to object to the bankruptcy court's approval of a settlement agreement between a debtor, creditor entities held by the trust, and the former trustees?

ABI Membership is required to access the full summary of Hughes v. Tower Park Props. LLC (In re Tower Park Props. 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 September 28, 2015 , LexisNexis #1015-096

Smith v. Robbins (In re Ifs Fin. Corp.)

Ruling
Bankruptcy court did not err in removing trustee due to violation of fiduciary duty, misconduct or failure to perform duties.
Issue(s)
Did bankruptcy court err in removing a chapter 7 trustee for improper conduct and breach of fiduciary duty and failure to perform required duties?

ABI Membership is required to access the full summary of Smith v. Robbins (In re Ifs Fin. 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 September 25, 2015 , LexisNexis #1015-071