Search Opinion

Miller v. Stone (In re Waterford Funding LLC)

Ruling: 
Default judgment in adversary proceeding was void due to improper service.
ABI Membership is required to access the full summary of Miller v. Stone (In re Waterford Funding LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 30,2016, LexisNexis #0716-120

Morales v. CitiMortgage Inc. (In re Morales)

Ruling: 
Service of objection to proof of claim on creditor's attorney who was serving as creditor's appointed, authorized agent was sufficient,
ABI Membership is required to access the full summary of Morales v. CitiMortgage Inc. (In re Morales). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 18,2015, LexisNexis #0715-068

4MHC Assocs. v. Miller (In re Miller)

Ruling: 
Default against debtor in adversary proceeding denied due to improper service of summons and complaint.
ABI Membership is required to access the full summary of 4MHC Assocs. v. Miller (In re Miller). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 22,2014, LexisNexis #0914-137

r2 Advisors LLC v. Suncor Energy (U.S.A.) Inc. (In re Red Eagle Oil Inc.)

Ruling: 
Permissive extension of time to serve alleged fraudulent transferee granted due to expiration of statute of limitations that would prevent refiling.
ABI Membership is required to access the full summary of r2 Advisors LLC v. Suncor Energy (U.S.A.) Inc. (In re Red Eagle Oil Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 31,2014, LexisNexis #0414-138

Tully v. Haughee (In re Haughee)

Chapter 7 debtor filed an amended motion to vacate a judgment of default entered against him in an adversary proceeding initiated by plaintiff. At issue was whether the debtor was properly served pursuant to Fed. R. Bankr. P. 7004(b)(9).
Ruling: 
Mere mailing of summons in adversary proceeding to debtor was insufficient service given proof it was never received.
ABI Membership is required to access the full summary of Tully v. Haughee (In re Haughee). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 05,2010, LexisNexis #0510-035

Atwater v. Light Korean Presbyterian Church (In re Mak Petroleum Inc.)

Chapter 7 Trustee commenced this adversary proceeding by filing a Complaint to recover a deposit paid by debtor in connection with a Purchase and Sale Agreement. Defendant was a church located in Ontario, Canada. Before the court was the church's motion to dismiss.
Ruling: 
Proceeding to recover transfer from Canadian transferee dismissed for lack of personal jurisdiction.
ABI Membership is required to access the full summary of Atwater v. Light Korean Presbyterian Church (In re Mak Petroleum Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 11,2010, LexisNexis #0710-100

Cook v. Department of Safety of Tenn. (In re Cook)

Plaintiff debtors filed an expedited motion for contempt against defendants, the State of Tennessee Department of Safety and the Jackson Metro Narcotics Unit. Pursuant to the motion, debtors sought immediate turnover of a vehicle, monetary sanctions, compensatory damages, and an award of attorneys fees and costs against defendants. At the hearing, defendants sought dismissal of the underlying adversary proceeding.
Ruling: 
Motion for contempt for failure to comply with turnover order denied where service was improper.
ABI Membership is required to access the full summary of Cook v. Department of Safety of Tenn. (In re Cook). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 14,2009, LexisNexis #0110-105

Smith v. Lecuona (In re IFS Fin. Corp.)

Plaintiff trustee sought recovery of an allegedly fraudulent stock transfer from debtor to defendants. Defendants were Mexican citizens and businesses. Defendants sought dismissal of the adversary proceeding based on lack of personal jurisdiction, contending that they lacked the required minimum contacts within Texas to create personal jurisdiction.
Ruling: 
Bankruptcy court had personal jurisdiction over Mexican citizens in fraudulent transfer proceeding concerning stock.
ABI Membership is required to access the full summary of Smith v. Lecuona (In re IFS Fin. Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 21,2009, LexisNexis #1209-140

Simon v. ASIMCO Techs. Inc. (In re American Camshaft Specialties Inc.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, bankruptcy debtors, related corporations, and directors of the debtors, alleging inter alia that the directors breached fiduciary duties and that substantive consolidation of the debtors and the corporations was warranted. The directors moved to dismiss the breach of fiduciary duty claim, and the debtors and the corporations moved to dismiss the consolidation claim.
Ruling: 
Substantive consolidation of debtors and related corporation denied where separation of the respective assets and liabilities was not impossible.
ABI Membership is required to access the full summary of Simon v. ASIMCO Techs. Inc. (In re American Camshaft Specialties Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 01,2009, LexisNexis #0909-137

Pages