Search Opinion

In re Distributed Energy Sys. Corp.

The debtors filed for relief under chapter 11 of the Bankruptcy Code, and in July 2008, the court approved the sale of the assets of one debtor to a purchaser. The debtors filed a motion for authority to assume and assign a memorandum of understanding (MOU) between the debtor and a company and a confidentiality agreement between the debtor and another company, pursuant to 11 U.S.C.S. § 365.
Ruling: 
Debtor's motion to assume and assign memo of understanding and confidentiality agreement with creditor granted.
ABI Membership is required to access the full summary of In re Distributed Energy Sys. 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 October 17,2008, LexisNexis #1108-080

In re Teknek LLC

A debtor filed for relief under chapter 7 of the Bankruptcy Code. Several interested parties associated with the bankruptcy proceedings objected to the application of a Chapter 7 trustee to employ an attorney and his law firm.
Ruling: 
Trustee's application to employ attorney denied as attorney had conflict with primary creditor and was not disinterested.
ABI Membership is required to access the full summary of In re Teknek 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 October 17,2008, LexisNexis #1108-095

In re Blue Stone Real Estate Constr. & Dev. Co.

Debtor corporations filed separate petitions under chapter 11 of the Bankruptcy Code, and the cases were consolidated. The debtors filed a motion for an order authorizing them to retain a chief restructuring officer (CRO), and the court granted the motion over objection of the United States Trustee (UST). The UST filed a notice of appeal.
Ruling: 
Isues important to case administration certified to court of appeals.
ABI Membership is required to access the full summary of In re Blue Stone Real Estate Constr. & Dev. Co.. 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 October 17,2008, LexisNexis #1108-094

In re Haven Eldercare LLC

The trustee filed a motion to compel the payment by chapter 11 debtors and certain of the debtors'lenders of quarterly fees pursuant to 28 U.S.C.S. § 1930(a)(6).
Ruling: 
Debtor-in-possession enders were not liable for quarterly chapter 11 fees where not provided for in financing order.
ABI Membership is required to access the full summary of In re Haven Eldercare 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 October 17,2008, LexisNexis #0109-095

In re Harmony Holdings LLC

The debtors filed for relief under chapter 11 of the Bankruptcy Code. The movants filed a motion for temporary allowance of chapter 11 claims under Fed. R. Bankr. P. 3018 so that the movants could vote on the debtors' proposed plan of reorganization. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Contested claim temporarily allowed to enable creditor to vote on debtor's chapter 11 plan.
ABI Membership is required to access the full summary of In re Harmony Holdings 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 October 16,2008, LexisNexis #1208-111

In re Surety Capital Corp.

An interested party (objector) filed an objection to debtor's first amended plan of reorganization as modified. While several objections were filed, the only objection remaining for disposition related to debtor's proposed payment of a $50,000 bonus to debtor's chairman who was also a member of a firm that was providing management services to debtor under a consulting agreement. The plan had been confirmed pending a ruling on the bonus claim.
Ruling: 
Bonus to management firm on sale of bank owned by the estate approved over objection as provided for in chapter 11 plan.
ABI Membership is required to access the full summary of In re Surety Capital 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 October 16,2008, LexisNexis #1108-048

In re Talisman Marina Inc.

In this dismissed chapter 11 case filed by respondent debtor corporation (debtor), movant state court litigants (movants) filed a motion for reconsideration or rehearing of an order denying their motion for sanctions against the debtor and respondents, the debtor's president and the debtor's counsel, under Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 105.
Ruling: 
Denial of sanctions against debtor and debtor's president and counsel affirmed on reconsideration absent factual evidence.
ABI Membership is required to access the full summary of In re Talisman Marina 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 October 16,2008, LexisNexis #1108-037

Linnemann v. Post (In re Mission Bay Ski & Bike Inc.)

Debtor corporation defaulted on a note and filed for chapter 11. Plaintiffs purchased the note from the lender. Defendant signed an agreement guaranteeing payments under the note. Plaintiffs sued defendant in state court. Defendant removed the action to the bankruptcy court under 28 U.S.C.S. § 1452 and Fed. R. Bankr. P. 9027. Plaintiffs moved to remand, arguing the bankruptcy court lacked subject matter jurisdiction under 28 U.S.C.S. § 1334(b).
Ruling: 
Action for breach of guarantee agreement that could reduce claims against estate was "related to" debtor's bankruptcy.
ABI Membership is required to access the full summary of Linnemann v. Post (In re Mission Bay Ski & Bike 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 October 15,2008, LexisNexis #0209-062

In re Baltimore Emergency Servs. II

Chapter 11 debtors objected, pursuant to 11 U.S.C.S. § 502(b), to the unsecured claim filed by a claimant.
Ruling: 
Counsel for insurer in malpractice case could not file a proof of claim for services against insured physician debtors.
ABI Membership is required to access the full summary of In re Baltimore Emergency Servs. II. 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 October 15,2008, LexisNexis #1208-031

Henderson v. Powermate Holding Corp. (In re Powermate Holding Corp.)

Plaintiff former employee filed a putative class action against defendant chapter 11 debtors, alleging that they violated employees' rights under the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C.S. § 2101 et seq. The employee claimed that any damages employees recovered were entitled to administrative expense status under 11 U.S.C.S. § 503(b)(1)(A)(ii). The debtors opposed the employee's claim.
Ruling: 
Claims under Worker Adjustment and Retraining Notification Act were not entitled to administrative expense priority status.
ABI Membership is required to access the full summary of Henderson v. Powermate Holding Corp. (In re Powermate Holding 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 October 10,2008, LexisNexis #1108-041

Pages