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Rule 9014

Boyer v. Trustees of Ind. Univ. (In re Fort Wayne Telsat Inc.)

Apr
25
2010
Ruling
Settlement of FCC license dispute approved.
Procedural posture

Chapter 7 trustee and defendants in litigation concerning an FCC license for an educational broadband service station in which the debtor claimed an interest, submitted a joint motion to approve a settlement and compromise of the claims. A creditor filed a timely objection to the compromise, which gave rise to a contested matter pursuant to Fed. R. Bankr. P. 9014.

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Commercial opinion summary, case decided on April 25, 2010 , LexisNexis #0810-070
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Best Value Inc.

Dec
15
2009
Ruling
Incarcerated individual's live testimony was not necessary for motion for disbursement and testimony presented by deposition would be sufficient
Procedural posture

Debtor asked for a Writ of Habeas Corpus Ad Testificandum allowing an individual, who was currently incarcerated, to appear to give testimony at a hearing scheduled for December 16, 2009.

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Commercial opinion summary, case decided on December 15, 2009 , LexisNexis #0110-099
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In re Bally Total Fitness of Greater N.Y. Inc.

Apr
07
2009
Ruling
Authorization of class proof of claim denied as inconsistent with goals of bankruptcy.
Procedural posture

Prior to the petition date, employees and putative class members sued debtors in state court, seeking, inter alia, unpaid wages. After the debtors filed for chapter 11 protection, the employees sought to file class proofs of claim pursuant to Fed. R. Civ. P. 23 and Fed. R. Bankr. P. 9014 and 7023. The employees also sought to lift the automatic stay under 11 U.S.C.S. § 362(d) to allow a state court action to proceed.

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Commercial opinion summary, case decided on April 07, 2009 , LexisNexis #0509-136
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In re Parker

Aug
14
2008
Ruling
Case reopened after seven years and sanctions for stay violation vacated due to improper service.
Procedural posture

The successor creditor, the successor in interest to the original creditor of the debtor, moved to reopen the debtor's chapter 7 bankruptcy case, and moved for relief from a judgment entered in favor of the debtor and against the creditors seven years prior based on violations of the automatic stay and the discharge injunction, which judgment the creditor claimed was void, under Fed. R. Civ. P. 60(b)(4).

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Consumer opinion summary, case decided on August 14, 2008 , LexisNexis #1108-069
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In re Teknek LLC

Dec
28
2007
Ruling
Debtor's foreign corporate officer could not be held in contempt for refusal to turn over key to coded records absent personal service.
Procedural posture

A bankruptcy court held appellant, a debtor's corporate officer, in contempt after she refused to provide the key necessary to understanding the debtor's coded financial records. The officer appealed after the District Court for the Northern District of Illinois affirmed the bankruptcy court's contempt order. The officer contended that the bankruptcy court lacked jurisdiction over her.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on December 28, 2007 , LexisNexis #0108-105
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