- FRBP
Weisel v. Allegheny Power (In re Weisel)
Jan
09
2012
Ruling
Fee application denied in absence of written fee agreement and given false statements by debtor's counsel that agreement existed.
Procedural posture
Debtors' counsel filed a final fee application. The chapter 13 trustee filed an objection and the counsel filed a motion to withdraw the fee application.
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Court
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- FRBP
In re Local Serv. Corp.
Dec
19
2011
Ruling
Trustee's settlement of fraud claims that would be expensive and difficult to prove approved in best interests of estates' creditors.
Procedural posture
A chapter 7 trustee and a chapter 11 trustee filed a motion under 11 U.S.C.S. § 105 and Fed. R. Bankr. P. 9019 to approve a settlement agreement of adversary proceedings alleging fraudulent conveyance against a limited liability company (LLC) and against the chapter 7 debtor's wife. One creditor objected to the proposed settlement.
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Court
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- FRBP
In re Fort Wayne Telsat Inc.
Nov
23
2011
Ruling
Trustee acted reasonably in settling debtor's action arising from FCC license.
Procedural posture
Creditor opposed abandonment of a claim but the bankruptcy judge conducted a hearing and concluded that the trustee had acted prudently in settling appellee debtor's entire claim against a university, arising from a broadcast license, for $100,000. The United States District Court for the Northern District of Indiana, agreed. The creditor appealed.
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Court
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Judge or Jurisdiction information not available
- FRBP
In re Krouse
Nov
21
2011
Ruling
Trustee's settlement of unresolved claims that maximized return to creditors approved.
Procedural posture
Chapter 7 trustees in two cases sought an order approving a global settlement that would provide for the sale of an individual debtor's interest in a corporate debtor, the resolution of claims by and between the estates and various parties, and dismissal of the corporate debtor's case. The individual debtor objected to the motions.
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Court
:
- FRBP
In re Parsons
Nov
18
2011
Ruling
Trustee's settlement of claims on which debtor was unlikely to prevail approved.
Procedural posture
A chapter 7 trustee filed a motion for authority to settle the debtors' pre- petition claims against a creditor and its principal and to settle the creditor's claims against the estate. The debtors objected to the proposed settlement.
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Court
:
- FRBP
In re Parsons
Nov
18
2011
Ruling
Trustee's settlement of debtor's claims against creditor and its president approved.
Procedural posture
A chapter 7 trustee filed a motion for authority to settle the debtors' claims against a creditor and its president and to settle the creditor's claims against the estate.
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Court
:
- FRBP
In re Basler
Nov
02
2011
Ruling
Settlement providing for debtors, physician and spouse, to purchase physician's professional corporation approved.
Procedural posture
Claimants objected to a proposed settlement between debtors, being a physician and his wife, the chapter 7 trustee, and the U.S. Trustee (UST), of claims raised in debtors' chapter 7 case which settlement provided, inter alia, for debtors to purchase the estate's interest in debtor's professional corporation (PC) through which he practiced medicine. At issue was whether the settlement was properly approved under Fed. R. Bankr. P. 9019.
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Court
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- FRBP
Guippone v. BH S&B Holdings LLC
Oct
28
2011
Ruling
Settlement of claims under WARN Act approved in best interests of debtors and estate.
Procedural posture
Plaintiff creditor brought a class action adversary proceeding against defendant debtors in the United States Bankruptcy Court for the Southern District of New York to recover pay and benefits. The district court withdrew the reference of the adversary proceeding. The parties and the Chapter 7 trustee moved for approval of a settlement.
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Court
:
- FRBP
In re TeleContinuity Inc.
Oct
24
2011
Ruling
Settlement of claims between estate and group of lenders approved in best interests of estate.
Procedural posture
Citing Fed. R. Bankr. P. 9019, movant, the Chapter 7 trustee, asked the court to approve a proposed settlement of controversies and compromise of claims between the estate and a group of lenders (Group). Objector, a creditor that had made a competing offer to purchase estate assets, asked the court to disapprove the proposed settlement with the Group as not being in the best interests of the estate.
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Court
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- FRBP
In re Cini
Oct
04
2011
Ruling
Trustee's settlement of claims arising out of vehicular injury prepetition settlement authorized as fair and equitable.
Procedural posture
Debtor declared chapter 13 bankruptcy, and two creditors filed a secured claim in the amount of $18,749 against the debtor's bankruptcy estate. The debtor filed an adversary proceeding against the creditors and others, and subsequently asked the court for an order pursuant to Fed. R. Bankr. P. 9019(a) which allowed her to settle the creditors' claim for $10,000. The debtor's ex- husband and the ex-husband's former attorney filed objections.
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Court
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