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Circuit Court

Youngman v. Fleet Bank N.A. (In re A&P Diversified Techs. Realty Inc.)

Jan
19
2006
Ruling
Mortgage bank was not entitled to collection-related attorneys'fees and expenses provided for under a mortgage agreement since the agreement had merged into a foreclosure judgment.
Procedural posture

Appellant bankruptcy trustee filed an appeal after the district court affirmed two orders entered by a bankruptcy court, which awarded attorneys'fees and expenses to appellee mortgagee bank under 11 U.S.C. § 506(b) for foreclosure-related services that the bank's attorneys rendered. The trustee argued that the bank was not entitled to fees under section 506(b).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 19, 2006 , LexisNexis #0206-007
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AC&S Inc. v. Travelers Cas. & Sur. Co.

Jan
19
2006
Ruling
Arbitration award violated automatic stay since the arbitration should have been halted once it was evident that estate property could be negatively affected.
Procedural posture

Appellant asbestos company (insured) sought review of a decision of the district court, which affirmed an arbitration award in favor of appellee insurance company. The arbitration resolved an issue regarding the allocation of claims between the insured's products coverage and its "operations"coverage.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 19, 2006 , LexisNexis #0206-006
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In re Payne

Dec
14
2005
Ruling
Court reversed debtor's discharge of federal tax liability since the debtor's six-years-late-filed return did not evidence effort to comply with the law.
Procedural posture

Appellee debtor obtained a discharge in bankruptcy court from a federal income tax debt. The U.S. District Court affirmed the discharge. Appellant United States sought review.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on December 14, 2005 , LexisNexis #0106-013
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In re Res. Tech. Corp.

Dec
09
2005
Ruling
Lenders'effort to assume debtor's rights in an executory contract by proposing the trustee abandon the contract were rejected since rights in an executory contract could be performed or breached not abandoned and then transferred.
Procedural posture

Appellant lenders challenged an order of the U.S. District Court, affirming a settlement between appellee debtor, a corporation that collected methane from landfills, and its promisee, a landfill. The debtor gave the landfill a promissory note as part of a settlement after the debtor failed to build a gas-collection system for the landfill.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on December 09, 2005 , LexisNexis #0106-024
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