Search Opinion

Richardson v. Preston (In re Antex Inc.)

Defendant transferee appealed a decision of the Bankruptcy Court for the District of Rhode Island that granted summary judgment in favor of plaintiff chapter 7 trustee, on his fraudulent transfer complaint.
Ruling: 
Bankruptcy court properly avoided transfer on basis that recipient, not paying corporate officer, was initial transferee.
ABI Membership is required to access the full summary of Richardson v. Preston (In re Antex 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 08,2008, LexisNexis #0309-033

Walton v. Cornerstone Ministries Inc.

Appellant, the United States trustee, appealed from an order of the Bankruptcy Court for the Northern District of Georgia that denied without prejudice his request for the appointment of an examiner to investigate debtor's alleged improper business dealings. The parties disputed whether 11 U.S.C.S. § 1104(c)(2) was mandatory or discretionary.
Ruling: 
Appointment of examiner mandatory where chapter 11 debtor's fixed, liquidated unsecured debts exceeded $5 million threshold.
ABI Membership is required to access the full summary of Walton v. Cornerstone Ministries 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 05,2008, LexisNexis #0109-086

Miller v. Barenberg (In re Bernard Techs. Inc.)

In an adversary proceeding, plaintiff trustee sought to avoid and recover pre-petition transfers from (collectively) defendant corporation. The trustee asked the federal district court to avoid payments to the corporation pursuant to 11 U.S.C.S. §§ 547, 548, 544(b), and 551, and to disallow the claims that the corporation filed against the debtor pursuant to 11 U.S.C.S. § 502(d).
Ruling: 
Transfers by debtor's non-debtor subsidiary were not avoidable.
ABI Membership is required to access the full summary of Miller v. Barenberg (In re Bernard Techs. 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 05,2008, LexisNexis #0109-103

In re MMH Auto Group LLC

Movant, the chapter 7 trustee, asked the court to deem untimely a claim filed by the brother of the owner of debtor corporation, which debtor had owned an auto dealership, and to subordinate such claim to all timely-filed claims in certain substantively consolidated cases pursuant to 11 U.S.C.S. § 726(a)(3).
Ruling: 
Untimely filed claim subordinated to all timely filed claims.
ABI Membership is required to access the full summary of In re MMH Auto Group 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 December 05,2008, LexisNexis #0309-138

In re St. Vincents Catholic Med. Ctrs.

The post-effective date debtors, medical centers, moved for an order to establish procedures for determining covered person status for certain defendants in medical malpractice actions, and moved to enforce the automatic stay under 11 U.S.C.S. § 362, and plan injunction under 11 U.S.C.S. § 524(e), with respect to those defendants, who were non-debtor doctors and others employed by the debtors.
Ruling: 
Motion to enforce stay in favor of non-debtor third party medical malpractice defendants denied.
ABI Membership is required to access the full summary of In re St. Vincents Catholic Med. Ctrs.. 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 04,2008, LexisNexis #0209-066

In re Berry Good LLC

Debtors filed petitions under chapter 11 of the Bankruptcy Code, and the cases were joined for administration. Debtors obtained permission to borrow $ 750,000 so they could conduct operations until the court approved a reorganization plan, and they proposed to pay a company (lender) that loaned them money postpetition, $ 288,000 on a pre-petition secured debt the lender was owed. The debtors'creditors filed objections.
Ruling: 
Chapter 11 debtor could not use postpetition loan proceeds to pay prepetition debt other than wages.
ABI Membership is required to access the full summary of In re Berry Good 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 December 04,2008, LexisNexis #0209-114

Trusted Net Media Holdings LLC v. Morrison Agency Inc.

Appellant debtor sought review of a judgment of the district court for the Northern District of Georgia affirming a bankruptcy court order denying on waiver grounds the debtor's motion to dismiss an involuntary bankruptcy proceeding against the debtor brought by appellee creditor pursuant to 11 U.S.C.S. § 303(b). The court granted rehearing en banc as to one issue.
Ruling: 
Requirements for commencing involuntary bankruptcy are not jurisdictional.
ABI Membership is required to access the full summary of Trusted Net Media Holdings LLC v. Morrison Agency 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 02,2008, LexisNexis #0109-100

In re Ohio Valley Amusement Co.

A creditor of a chapter 11 debtor sought to be allowed an administrative claim under 11 U.S.C.S. § 503(b)(1) against the debtor's estate for two unauthorized, post-petition loans to the debtor. The debtor filed a motion for summary judgment on the grounds that the creditor failed to follow the requirements for post-petition financing set forth in 11 U.S.C.S. § 364.
Ruling: 
Creditor not entitled to adminstrative expense claim for unauthorized postpetition financings.
ABI Membership is required to access the full summary of In re Ohio Valley Amusement 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 December 01,2008, LexisNexis #0109-066

In re Todays Destiny Inc.

Lenders of a chapter 7 debtor objected to all of the proofs of claim filed by customers of the debtor, in part on the grounds that they did not contain the documentation and factual basis required by Fed. R. Bankr. P. 3001.
Ruling: 
Objection to proofs of claim sustained with respect to claims that lacked documentation or signed explanatory statements.
ABI Membership is required to access the full summary of In re Todays Destiny 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 26,2008, LexisNexis #0209-133

In re Lehman Bros. Inc.

Certain former employees of the debtor who were participants under and who had unspecified claims for compensation and other relief arising with respect to deferred compensation plans moved for discovery pursuant to Fed. R. Bankr. P. 2004 for a list of all participants in the debtor's deferred compensation plans.
Ruling: 
Debtor's former employees' motion for discovery of list of participants in deferral compensation plan granted.
ABI Membership is required to access the full summary of In re Lehman Bros. 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 26,2008, LexisNexis #0209-132

Pages