Party primarily responsible for asbestos injury was not entitled to subrogation against debtor.
Procedural posture
Plaintiff corporation appealed a summary judgment issued by the District Court for the Middle District of Florida that affirmed a bankruptcy court's determination that plaintiff could not bring a subrogation claim against defendant debtor in bankruptcy proceedings under either 11 U.S.C. § 509(b)(2) of the Bankruptcy Code or Florida common law.
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Fibreboard Corp. v. Celotex Corp. (In re Celotex Corp.)
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Judge or Jurisdiction information not available
opinion summary, case decided on
December 20, 2006
, LexisNexis #0207-021
Corporation's aiding and abetting fraud by lender did not justify equitable subordination of its claims in lender's bankruptcy.
Procedural posture
In two consolidated actions, the District Court for the Central District of California found defendant corporation liable under California tort law to a class of borrowers for aiding and abetting fraud, and in a bankruptcy trustee's action, the district judge concluded that the corporation's conduct pursuant to its relationship with the bankrupt company did not warrant relief under the equitable principles of bankruptcy laws.
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Henry v. Lehman Comml Paper Inc. (In re First Alliance Mortgage Co.)
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opinion summary, case decided on
December 08, 2006
, LexisNexis #0107-013
Debtor's cause of action for turnover of standby letter of credit proceeds was property of the estate.
Procedural posture
Appellants, a lessor, the lessor's two general partners, and the lessor's assignee, appealed from the District Court for the Northern District of Georgia, in a turnover action pursuant to 11 U.S.C. § 542 filed by appellee debtor.
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Two Trees v. Builders Transp. Inc. (In re Builders Transp. Inc.)
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opinion summary, case decided on
December 05, 2006
, LexisNexis #0107-021
District court properly reversed bankruptcy court and held that collateral estoppel barred debtors from contesting issue of fraud.
Procedural posture
In an adversary proceeding commenced by plaintiff creditor, the Bankruptcy Court for the Eastern District of New York denied the creditor's summary judgment motion. Reversing the bankruptcy court's decision, the District Court for the Eastern District of New York held that collateral estoppel barred defendant debtors from relitigating whether a debt was nondischargeable under 11 U.S.C. § 523(a). The debtors appealed.
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Evans v. Ottimo
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opinion summary, case decided on
November 20, 2006
, LexisNexis #1206-054
District court properly upheld bankruptcy court ruling that cable provider was not a utility and not required to continue debtor's service.
Procedural posture
Appellant debtor sought review of a judgment in favor of appellee cable provider by the District Court for the Southern District of Texas, which affirmed the bankruptcy court which held that the cable provider was not a utility within the purview of 11 U.S.C. § 366 and was therefore not required to continue providing the debtor service after his offer of adequate assurances.
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Darby v. Time Warner Cable Inc. (In re Derby)
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opinion summary, case decided on
November 14, 2006
, LexisNexis #1206-046
Legal malpractice judgement properly held dischargeable as it was not criminal restitution payable to a governmental unit.
Procedural posture
Defendant attorney filed for bankruptcy under chapter 7. Plaintiff client, who was a judgment creditor who had won a legal malpractice judgment against the attorney, sought a declaration that his judgment was a nondischargeable debt under 11 U.S.C. § 523(a)(7). The District Court for the Southern District of Ohio at Columbus granted the attorney's Fed. R. Civ. P. 12(b)(6) motion to dismiss. The client appealed.
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Hughes v. Sanders
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opinion summary, case decided on
November 13, 2006
, LexisNexis #1206-056
Bankruptcy court properly applied presumptive fee guidelines to attorney's application but improperly denied attorney a hearing.
Procedural posture
Appellant attorney sought judicial review of the decision of the Ninth Circuit Bankruptcy Appellate Panel that affirmed a bankruptcy court's order regarding the attorney's fee application submitted in the debtor's chapter 13 case.
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In re Eliapo
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opinion summary, case decided on
November 13, 2006
, LexisNexis #1206-042
Debtor was not insolvent at time of alleged fraudulent transfer since claim for attorneys'fees that were not approved by bankruptcy court was unenforceable.
Procedural posture
Plaintiff bankruptcy trustee appealed a decision of the District Court for the Eastern District of Michigan, which denied his request to set aside the debtor's transfer of property to defendant surety company as fraudulent pursuant to Mich. Comp. Laws § 566.35 because it found that a claim for attorney's fees in a previous bankruptcy was unenforceable as the attorney never sought approval for the fees under 11 U.S.C. § 330(a).
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Dery v. Cumberland Casualty & Surety Co. (In re 5900 Assocs.)
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opinion summary, case decided on
November 07, 2006
, LexisNexis #1206-044
Matrimonial assets were estate property where divorce judgment was docketed after filing date due to trustee's status as hypothetical lien creditor.
Procedural posture
In a chapter 7 case, appellant trustee filed an adversary proceeding against appellee, the debtor's ex-wife. The wife sought a declaration that the marital assets were not property of the bankruptcy estate and that she was entitled to them by a state matrimonial court judgment. The bankruptcy court found in favor of the trustee, but the District Court for the Eastern District of New York reversed. The trustee sought review.
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Musso v. Ostashko
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opinion summary, case decided on
November 06, 2006
, LexisNexis #1206-065
Insurer's prepetition claim for portion of personal injury recovery was enforceable against debtor.
Procedural posture
Plaintiff trustee challenged the decision entered by the District Court for the Northern District of Ohio that determined that defendant medical insurer acquired a prepetition interest in the first $3,000 that plaintiff chapter 7 debtors, the insureds, could obtain from another defendant, the other party of an automobile accident.
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French v. Frey (In re Bergman)
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
October 27, 2006
, LexisNexis #1206-064