Search Opinion

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

American Chem. Serv. Site RdRa Agreement Mbrs v. Admiral Ins. Co.

Plaintiff claimant sought a declaration that defendants, insurers of a chapter 7 debtor, were obligated to provide coverage for debtor's liability for environmental damage at an Indiana Superfund site. Before the court, inter alia, was the claimant's motion to remand the case to the Marion County (Indiana) Environmental Court. The claimant also requested that it be awarded costs, expenses, and attorney fees under 28 U.S.C.S. § 1447(c).
Ruling: 
Declaratory judgment proceeding was not "related to" defendant debtor's bankruptcy.
ABI Membership is required to access the full summary of American Chem. Serv. Site RdRa Agreement Mbrs v. Admiral Ins. 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 #1208-070

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

In re Mystic Tank Lines Corp.

Appellant debtor, a gasoline shipper, challenged a judgment of the United States District Court for the District of New Jersey, affirming the bankruptcy court's allowance of a claim by appellee the State of New York based on damages for the clean-up of soil and groundwater contaminated with petroleum products caused by a leak at a gas station that was traced to a delivery of gasoline by the debtor.
Ruling: 
Default judgment for environmental clean-up after debtor caused a gasoline leak was within police powers exception to stay.
ABI Membership is required to access the full summary of In re Mystic Tank Lines 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 #1108-060

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

Pages