Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Search Opinion

In re Central Ill. Energy LLC

Three joint movants, the chapter 7 trustee, the primary general contractor for the debtor's ethanol plan construction project, and the purchaser of substantially all of the debtor's assets, moved to approve a compromise pursuant to Bankruptcy Rule 9019. The proposed compromise was embodied in a contract entitled "Stipulation and Mutual Release of Claims". An objection to the motion for approval was filed by a company.
Ruling: 
Repudiation by trustee necessitated denial of motion to approve settlement.
ABI Membership is required to access the full summary of In re Central Ill. Energy 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 18,2008, LexisNexis #0209-063

Lebbos v. Schuette

Appellant, the debtor in the underlying bankruptcy, sought review of an order of the Bankruptcy Court for the Eastern District of California, that approved the settlement and compromise under Fed. R. Bankr. P. 9019, by appellee trustee of a civil rights assault and battery suit that the debtor had failed to list as an asset of her estate.
Ruling: 
Approval of settlement of unlisted civil rights assualt and battery case affirmed.
ABI Membership is required to access the full summary of Lebbos v. Schuette. 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 December 02,2008, LexisNexis #0109-099

Winnecour v. Countrywide Home Loans Inc. (in re Countrywide Home Loans Inc.)

Chapter 13 trustee filed motions in 293 chapter 13 cases, seeking an order compelling respondent home loan corporation to provide loan histories and for sanctions. The court consolidated the motions and referred the matter to mediation. The parties agreed to settle the trustee's claims, and they filed a joint motion which asked the court to approve a proposed settlement agreement and general release of claims.
Ruling: 
Settlement of trustee's claim regarding improperly posted mortgage payments in 293 chapter 13 cases approved.
ABI Membership is required to access the full summary of Winnecour v. Countrywide Home Loans Inc. (in re Countrywide Home Loans 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 08,2008, LexisNexis #1108-022

Stathopoulos v. Leader Healthcare Mgmt. (In re Safe Harbour Fla. Health Care Props.)

Plaintiff, a chapter 7 trustee, filed an adversary proceeding against defendants, a management company and individuals. The company and individuals filed a motion for summary judgment, arguing that there were no genuine issues of material fact and that they were entitled to a resolution of their claims in their favor, as a matter of law, under on the doctrine of equitable estoppel, and a dismissal of the complaint.
Ruling: 
Debtors who did not comply with proper settlement procedure could not claim estoppel on basis of settlement after conversion to chapter 7.
ABI Membership is required to access the full summary of Stathopoulos v. Leader Healthcare Mgmt. (In re Safe Harbour Fla. Health Care Props.). 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 07,2008, LexisNexis #1108-070

New Cingular Wireless Servs. v. McCormick

Appellant creditor, wireless service supplier 1, challenged a judgment of the U.S. Bankruptcy Court for the Eastern District of California granting a motion pursuant to Fed. R. Bankr. P. 9019(a) filed by the chapter 7 trustee for approval of a compromise of certain claims asserted by appellees, the shareholders of debtor, a wireless service dealer.
Ruling: 
Bankruptcy court properly approved trustee's settlement of fraudulent transfer action brought by debtor's shareholders.
ABI Membership is required to access the full summary of New Cingular Wireless Servs. v. McCormick. 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 11,2008, LexisNexis #1108-058

In re Smith

The chapter 7 trustee filed a motion to compromise and settle the debtor's discrimination claim against his former employer. In the underlying lawsuit, the debtor, along with numerous co-plaintiffs, alleged, inter alia, that the employer's use of a written test known as the work competency assessment to screen employees for inter-division transfers and promotions violated Title VII of the Civil Rights Act of 1964.
Ruling: 
Settlement of debtor's discrimination action against former employer approved.
ABI Membership is required to access the full summary of In re Smith. 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 10,2008, LexisNexis #1208-105

In re Roqumore

Chapter 7 trustee in two related bankruptcy cases filed a joint motion pursuant to Fed. R. Bankr. P. 9019 to compromise three adversary proceedings brought on behalf of the estates of a corporate debtor and an individual debtor.
Ruling: 
Settlement of adversary proceedings denied as not in best interests of the estate.
Court: ( Isgur ) [ Bankruptcy Court ]
ABI Membership is required to access the full summary of In re Roqumore. 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 August 11,2008, LexisNexis #1008-055

In re Equa-Chlor LLC

Debtor, a Washington limited liability company, filed a voluntary petition under chapter 11 of the Bankruptcy Code and a motion under Fed. R. Bankr. P. 9019(a) and Bankr. W.D. Wash. R. 9019-1 for entry of an order approving a proposed settlement and compromise. A Committee of Unsecured Creditors filed objections to the settlement agreement.
Ruling: 
Amended settlement agreement approved as in best interests of debtor and creditors.
ABI Membership is required to access the full summary of In re Equa-Chlor 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 29,2008, LexisNexis #0608-133

In re Applied Theory Corp.

The chapter 11 trustee moved for authorization to enter into a settlement agreement with the secured lenders of the debtor. The motion was opposed by the creditors' committee, which generally argued that aspects of the settlement were contrary to law and prejudicial to the debtors'unsecured creditor community and administrative expense creditors.
Ruling: 
Settlement disapproved as prejudicial to unsecured creditors and administrative expense creditors.
ABI Membership is required to access the full summary of In re Applied Theory 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 April 24,2008, LexisNexis #0608-140