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In re Andrews

Ruling: 
Motion to vacate judgment of dismissal for failing to attend creditors' meeting denied.
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Consumer case opionion summary, case decided on July 21,2015, LexisNexis #0815-070

VanBebber v. Wilkerson (In re Wilkerson)

Plaintiff creditors filed a motion seeking an award of attorney's fees against defendant chapter 7 debtor following a finding in their favor as to the nondischargeability of a debt. The creditors also requested a finding that the attorney's fees were nondischargeable. The court treated the motion for attorney's fees as a motion to alter or amend a final order pursuant to Fed. R. Civ. P. 59(e), as made applicable by Fed. R. Bankr. P. 9023.
Ruling: 
Creditors not entitled to fees in dischargeability proceeding.
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Consumer case opionion summary, case decided on February 01,2010, LexisNexis #0310-063

In re SI Restructuring Inc.

The movants filed a motion pursuant to § 7.7 of a confirmed amended plan of liquidation (the 7.7 motion) requesting permission for derivative standing to file estate causes of action against a limited liability partnership and against former directors of the chapter 11 debtor (the potential defendants). The court denied the 7.7 motion. The movants filed a motion to reconsider under Fed. R. Bankr. P. 9023. The potential defendants objected.
Ruling: 
Court denied motion to reconsider ruling that chapter 11 plan did not reserve rights of action against LLC and debtor's former directors.
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Commercial case opionion summary, case decided on December 11,2009, LexisNexis #0110-140

Raymond Profl Group Inc. v. William A. Pope Co. (In re Raymond Profl Group Inc.)

The court entered a judgment in an adversary proceeding holding that defendant contractor was entitled to all funds in a disputed account, and against the claims of the bankruptcy estates of plaintiff debtors. The debtors filed a timely motion under Fed. R. Civ. P. 59 and 60, made applicable to bankruptcy by Fed. R. Bankr. P. 9023 and 9024 to alter or amend the judgment or for relief from judgment.
Ruling: 
Debtor's motion to alter or amend judgment in adversary proceeding denied.
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Commercial case opionion summary, case decided on September 15,2009, LexisNexis #1009-061

Greaves v. Office of the Del. Atty. Gen. (In re Two Springs Membership Club)

The United States (Government) filed a motion under Fed. R. Bankr. P. 9023, seeking an order altering or amending a judgment the bankruptcy court entered on April 17, 2009, which found, inter alia, that the Government was not entitled to payment of tax liens it filed against several corporations from proceeds a chapter 7 bankruptcy trustee derived when she sold a campground that was owned by a corporate debtor.
Ruling: 
Government not entitled to enforce tax liens against corporations it had not proven were alter egos of debtor.
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Commercial case opionion summary, case decided on May 05,2009, LexisNexis #0909-035