Search Opinion

In re Borders Group Inc.

The chapter 11 debtors filed objections to proofs of claim submitted by two Texas counties on the grounds that they were filed after the governmental bar date. The counties alleged that their claims were amended and related back to the dates of the original claims.
Ruling: 
Counties' amended proofs of claim disallowed absent proof that original proofs of claim were submitted prior to governmental bar date.
ABI Membership is required to access the full summary of In re Borders Group 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 December 22,2011, LexisNexis #0112-079

In re Borders Group Inc.

The chapter 11 debtors and debtors-in-possessions filed a motion pursuant to 11 U.S.C.S. § 107(b) and Fed. R. Bankr. P. 9018 to file a exhibit to their motion to approve the sale of the debtors' interest in a certain corporation under seal. That exhibit was a share purchase agreement (SPA).
Ruling: 
Filing of exhibit under seal to motion to approve sale of debtor's interest in corporation granted.
ABI Membership is required to access the full summary of In re Borders Group 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 December 07,2011, LexisNexis #1211-107

In re MF Global Inc.

Movants, certain commodity broker customers of debtor, sought an order authorizing the appointment of an official committee of commodity broker customers and approving compensation of allowed fees and expenses of committee professionals. The trustee appointed under the Securities Investor Protection Act of 1970 (SIPA), 15 U.S.C.S. §§ 78aaa-78lll, opposed the motion.
Ruling: 
Bankruptcy court lacked authority to appoint official committee of commodity broker customers of debtor.
ABI Membership is required to access the full summary of In re MF Global 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 November 23,2011, LexisNexis #1211-087

In re Marathe

Movant, the daughter of the debtors, sought reconsideration of a court order that granted the chapter 7 trustee's motion to conduct a Fed. R. Bankr. P. 2004 examination of the daughter, and for a protective order. The daughter asserted that the proposed examination was impermissible because it violated her rights under the due process clause of the United States Constitution.
Ruling: 
Rule 2004 examination properly extended to debtor's daughter.
ABI Membership is required to access the full summary of In re Marathe. 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 November 10,2011, LexisNexis #0112-031

In re Borders Group Inc.

Chapter 11 debtors filed a motion seeking approval for the sale of certain intellectual property assets free and clear of all liens, interests, claims, and encumbrances and the rejection of certain executory contracts related to those assets.
Ruling: 
Sale of intellectual property assets free and clear and rejection of related executory contracts granted.
ABI Membership is required to access the full summary of In re Borders Group 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 27,2011, LexisNexis #0112-046

In re Borders Group Inc.

The chapter 11 debtors and debtors in possession filed a motion for an order authorizing them to enter into a sale transaction and to terminate an unexpired lease of non-residential real property pursuant to 11 U.S.C.S. § 363.
Ruling: 
Relief from stay to allow debtors to sell property and terminate unexpired commercial lease granted in best interests of debtor, estate and creditors.
ABI Membership is required to access the full summary of In re Borders Group 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 27,2011, LexisNexis #1211-116

In re Lippold

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a bank, acting as trustee on behalf of the holders of a home equity loan trust, filed a motion to vacate the automatic stay pursuant to 11 U.S.C.S. § 362(d)(2) so it could proceed with foreclosure on the debtor's primary residence. Neither the debtor's counsel nor the chapter 7 trustee filed an objection to the bank's motion.
Ruling: 
Relief from stay to foreclose denied where bank failed to establish status as owner or holder of note.
ABI Membership is required to access the full summary of In re Lippold. 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 September 06,2011, LexisNexis #0911-114

In re McNeal

At a hearing on confirmation of a debtor's Chapter 13 plan, his sister and brother objected to confirmation on the grounds that the debtor was not entitled to cure an arrearage and make the regular monthly payments on a note secured by a mortgage on real property in which he had an ownership interest but was not personally obligated on the note and mortgage.
Ruling: 
Debtor could cure arrearage on mortgage on property in which he had ownership interest, but on which he was not personally obligated, through chapter 13 plan.
ABI Membership is required to access the full summary of In re McNeal. 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 September 01,2011, LexisNexis #1011-077

In re Borders Group Inc.

In this chapter 11 case, the debtor and debtors-in-possession (debtors) moved for an order pursuant to 11 U.S.C.S. §§ 105(a), 363, and 365 seeking approval of, among other things, the sale of certain of the debtors' assets free and clear of encumbrances, and authority to enter into an agency agreement with liquidators to conduct going out of business sales at all of the debtors' store locations.
Ruling: 
Sale of book store chain's assets free and clear granted given actual or deemed consent of secured creditors.
ABI Membership is required to access the full summary of In re Borders Group 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 July 21,2011, LexisNexis #0911-078

In re Mesa Air Group Inc.

Debtors, an airline group and affiliated businesses, filed petitions under chapter 11 of the Bankruptcy Code, and an LLC that provided tax compliance and advisory services to the debtors filed an application under 11 U.S.C.S. § 330 for payment of professional fees and expenses. The court held a hearing on the application.
Ruling: 
Professional fees of tax compliance and advisory service provider to debtor reduced due to unreasonable and excessive time charges and block billing.
ABI Membership is required to access the full summary of In re Mesa Air Group 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 May 25,2011, LexisNexis #0611-072

Pages