Nov
10
2015
In re Quick Cash Inc.
Ruling:
Class proofs of claim are permissible and may be allowed but more evidence was necessary before approval in the present case.
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Commercial case opionion summary, case decided on November 10,2015, LexisNexis #1215-035
Oct
09
2013
Summit City Limits LLC v. AMF Bowling Worldwide (In re AMF Bowling Worldwide)
Ruling:
Creditor could not alter or amend order for disallowance after receiving sufficient notice of debtor's objection to claim.
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Commercial case opionion summary, case decided on October 09,2013, LexisNexis #1013-140
Jun
24
2013
In re Autosport Intl Inc.
Pursuant to Fed. R. Bankr. P. 9019, petitioner chapter 7 trustee filed a motion for court approval of a compromise reached between the trustee and certain attorneys, which had resulted in a reduction of the attorneys' professional fees and costs claimed in recovering a major asset of the bankruptcy estate. Respondent creditors opposed the motion.
Ruling:
Compromise between trustee and attorneys who recovered estate property and incurred fees under exigent circumstances without prior authorization approved over creditors' objections.
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Commercial case opionion summary, case decided on June 24,2013, LexisNexis #0713-105
Jul
24
2012
In re Atlas Computers Inc.
A chapter 7 trustee filed a motion to approve a settlement of a fraudulent transfer action. Certain creditors (the claimants) who were not parties to the fraudulent transfer action objected to the settlement.
Ruling:
Settlement of fraudulent transfer proceeding approved as fair, reasonable and in best interests of the estate.
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Commercial case opionion summary, case decided on July 24,2012, LexisNexis #0812-068
May
28
2010
In re Circuit City Stores Inc.
Named claimants filed claims on behalf of themselves and unnamed claimants, seeking recovery of money they alleged that debtors, affiliated corporations that declared Chapter 11 bankruptcy, owed former employees. The named claimants filed a motion which asked the court to apply Fed. R. Bankr. P. 7023 to their class proofs of claim pursuant to Fed. R. Bankr. P. 9014(c), and the debtors filed an objection to the motion.
Ruling:
Class proofs of claim denied absent proper authorization from court.
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Commercial case opionion summary, case decided on May 28,2010, LexisNexis #0910-032
Apr
25
2010
Boyer v. Trustees of Ind. Univ. (In re Fort Wayne Telsat Inc.)
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.
Ruling:
Settlement of FCC license dispute approved.
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Commercial case opionion summary, case decided on April 25,2010, LexisNexis #0810-070
Dec
15
2009
Best Value Inc.
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.
Ruling:
Incarcerated individual's live testimony was not necessary for motion for disbursement and testimony presented by deposition would be sufficient
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Commercial case opionion summary, case decided on December 15,2009, LexisNexis #0110-099
Apr
07
2009
In re Bally Total Fitness of Greater N.Y. Inc.
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.
Ruling:
Authorization of class proof of claim denied as inconsistent with goals of bankruptcy.
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Commercial case opionion summary, case decided on April 07,2009, LexisNexis #0509-136