Search Opinion

In re Sino-Forest Corp.

Ruling: 
Motion to recognize and enforce Canadian court order approving third party non-debtor release granted.
ABI Membership is required to access the full summary of In re Sino-Forest 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 November 25,2013, LexisNexis #1213-100

Official Comm. of Unsecured Creditors v. UMB Bank (In re Capital)

Ruling: 
Junior secured noteholders' claims were substantially undersecured as value of claims exceeded aggregate collateral.
ABI Membership is required to access the full summary of Official Comm. of Unsecured Creditors v. UMB Bank (In re Capital). 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 15,2013, LexisNexis #1213-048

In re Wilson

The debtor requested that the bankruptcy court reopen the debtor's chapter 7 case to permit her to bring an action against a bank for an alleged violation of the discharge injunction in her then-closed case. The mortgage servicer filed an objection.
Ruling: 
Debtor could not reopen case to seek finding that postpetition foreclosure of debtor's securitized mortgage by service provider violated discharge injunction.
ABI Membership is required to access the full summary of In re Wilson. 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 25,2013, LexisNexis #0713-074

In re TPG Troy LLC

Alleged debtors filed a motion to dismiss involuntary chapter 7 cases filed against them by petitioning creditors (petitioners) on the grounds, inter alia, that petitioners failed to meet their burden under 11 U.S.C.S. § 303(b)(1). The alleged debtors also argued that the court should abstain under 11 U.S.C.S. § 305(a)(1) and sought fees, costs, and damages under 11 U.S.C.S. § 303(i).
Ruling: 
Involuntary case dismissed due to numerous contested issues.
ABI Membership is required to access the full summary of In re TPG Troy 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 May 09,2013, LexisNexis #0513-108

Abbott v. Arch Wood Protection Inc. (In re Wood Treaters LLC)

Plaintiff chapter 7 trustee filed complaints against defendant transferees to avoid and recover postpetition transfers of estate property pursuant to 11 U.S.C.S. §§ 549 and 550 that were made by the debtor for the purchase of goods related to the debtor's lumber business.
Ruling: 
Postpetition transfers that did not injure estate could not be avoided by trustee.
ABI Membership is required to access the full summary of Abbott v. Arch Wood Protection Inc. (In re Wood Treaters 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 April 22,2013, LexisNexis #0613-024

Sealink Funding Ltd. V. Deutsche Bank AG (In re Residential Capital LLC)

Defendants, entities involved in residential mortgage backed securities (RMBS), removed the within case to the court on claims that the complaint filed by plaintiff, assignee of interests in $960 million of such RMBS, was properly determined in the court by reason of the pendency of bankruptcy cases involving debtors that acted as sponsors, depositors or issuers of related securitization trusts. Plaintiff sought remand for lack of jurisdiction.
Ruling: 
Bankruptcy court exercised permissive abstention as to case involving state law fraud claim related to residential mortgage backed securities.
ABI Membership is required to access the full summary of Sealink Funding Ltd. V. Deutsche Bank AG (In re Residential Capital 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 March 20,2013, LexisNexis #0413-068

In re Easley-Brooks

Debtor moved pursuant to 11 U.S.C.S. § 350(b) and Fed. R. Bankr. P. 5010 to reopen her chapter 7 case to include a medical malpractice action in her schedule of assets and to enable the chapter 7 trustee to prosecute the malpractice action for the benefit of creditors and the debtor. Defendant in the malpractice action objected.
Ruling: 
Debtor could reopen case to allow trustee to prosecute medical malpractice claim, undisclosed prior to conversion, for benefit of creditors and estate.
ABI Membership is required to access the full summary of In re Easley-Brooks. 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 February 25,2013, LexisNexis #0313-079

Conn v. Dewey & Leboeuf LLP (In re Dewey & Leboeuf LLP)

In a putative class action adversary proceeding, plaintiff employee sought relief for alleged violations of the Federal Worker Adjustment and Retraining Notification (WARN) Act and a determination that the alleged class claims are entitled to administrative expense or wage priority status. Defendant, a chapter 11 debtor, filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Administrative priority status of WARN Act claims not asserted in adversary proceeding had to be determined in debtor's main case.
ABI Membership is required to access the full summary of Conn v. Dewey & Leboeuf LLP (In re Dewey & Leboeuf LLP). 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 11,2013, LexisNexis #0313-008

In re Idicula

In debtor's chapter 7 case, movant, a mortgage servicer on behalf of a bank as trustee on behalf of the holders of a home equity loan trust, moved to vacate the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) to permit it to proceed with the foreclosure of debtor's primary residence (the "Property"). Neither debtor nor the chapter 7 trustee filed an objection to the Motion.
Ruling: 
Bank lacked standing to request relief from stay where it could not establish that it was the holder of a note.
ABI Membership is required to access the full summary of In re Idicula. 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 January 10,2013, LexisNexis #0213-004