Search Opinion

Nugent Establishment Industrie F.L. v. Agency for Deposti Ins. Of Serb. (In re Agency for Deposit Ins. Of Serbia)

Plaintiff appealed from an order of the United States District Court for the Southern District of New York, which granted defendant petitioner's motion for summary judgment on its petition under former 11 U.S.C.S. § 304.
Ruling: 
Petition for recognition of foreign proceeding was brought by a proper "foreign representative" and properly granted.
Court: 2nd Circuit ( ) [ Circuit Court ]
ABI Membership is required to access the full summary of Nugent Establishment Industrie F.L. v. Agency for Deposti Ins. Of Serb. (In re Agency for Deposit Ins. Of Serbia). 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 21,2008, LexisNexis #1208-133

In re Frontier Airlines Holdings Inc.

Debtor airline filed a motion under 11 U.S.C.S. § 1113 for authority to reject its collective bargaining agreements (CBAs) with three groups of its employees, all of whom were represented as their bargaining agent by the Teamsters Airline Division of the International Brotherhood of Teamsters (the union).
Ruling: 
Airline authorized to reject collective bargaining agreements.
ABI Membership is required to access the full summary of In re Frontier Airlines Holdings 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 14,2008, LexisNexis #0909-018

In re New Rochelle Tel. Corp.

Before the court were two motions which were procedurally consolidated. The first was a motion filed by the debtor seeking, inter alia, to determine that, because creditor was a utility which entered into an executory contract with the debtor prior to bankruptcy, the parties' rights and obligations were governed by 11 U.S.C.S. § 365 and not 11 U.S.C.S. § 366. The second motion was the creditor's motion to convert the case to a chapter 7.
Ruling: 
Prepetition service agreement with utility was entitled to applicable protection and could not be treated as an executory contract.
ABI Membership is required to access the full summary of In re New Rochelle Tel. 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 13,2008, LexisNexis #0109-008

Joremi Enters. v. Hershkowitz (In re New 118th LLC)

Plaintiff investors brought an action in state court against defendants: debtor, three individuals, et al. After that court ordered relief against the affiliated debtors, plaintiffs removed the action to district court which referred it to the instant court. Plaintiffs assigned the proceeds of their claims to debtors'estates, and filed an amended complaint, which dropped all defendants other than the individuals, one of which moved to remand.
Ruling: 
Guarantee dispute remanded pursuant to mandatory abstention once established that the matter would not affect administration.
ABI Membership is required to access the full summary of Joremi Enters. v. Hershkowitz (In re New 118th 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 November 13,2008, LexisNexis #1208-091

In re Ridgemour Meyer Props. LLC

A bankruptcy debtor and its joint venturer disputed whether to continue their venture to erect a high-rise building on property contributed by the debtor, and an arbitrator determined that the debtor would control the property pending dissolution of the joint venture and a determination of the parties'rights and obligations. The debtor then filed its bankruptcy petition, and the joint venturer moved for appointment of a trustee.
Ruling: 
Chapter 11 trustee appointed for cause due to debtor's concealment of property transfer.
ABI Membership is required to access the full summary of In re Ridgemour Meyer Props. 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 November 12,2008, LexisNexis #0209-124

Bank of Castille v. Kjoller (In re Kjoller)

Plaintiff bank filed an adversary proceeding against defendant debtor requesting that the court determine that the debt due to the bank on its business loan was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4). Debtor filed a motion to dismiss the dischargeability proceeding. Subsequently, without permission of the court or consent of debtor, the bank filed an amended complaint, which added a second cause of action pursuant to § 523(a)(6).
Ruling: 
Claims relating to debtor's embezzlement and larceny were nondischargeable.
ABI Membership is required to access the full summary of Bank of Castille v. Kjoller (In re Kjoller). 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 10,2008, LexisNexis #0109-015

In re Borowie

The chapter 7 trustee sought to compel the debtor to turnover the value of funds which the debtor had on deposit in his checking account at the moment of his bankruptcy filing. The central issue was whether a post-petition disposition of assets in good faith would absolve the debtor of the duty to surrender property as required under 11 U.S.C.S. § 521(a)(4).
Ruling: 
Trustee could recover value of debtor's prepetition check that cleared postpetition.
ABI Membership is required to access the full summary of In re Borowie. 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 05,2008, LexisNexis #0109-012

Wharton v. Shiver (In re Shiver)

Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The creditors had obtained a Florida state court default judgment for fraud and contended that the full faith and credit statute, 28 U.S.C.S. § 1738, required that the Florida fraud judgment be given preclusive effect. The parties filed cross-motions for summary judgment.
Ruling: 
State default judgment in fraud case was "fully litigated" and determinative of nondischargeability of debt.
ABI Membership is required to access the full summary of Wharton v. Shiver (In re Shiver). 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 05,2008, LexisNexis #1208-080

In re Scalise

The trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for failure to comply with 11 U.S.C.S. § 521(a)(1)(B)(iv) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Ruling: 
Case dismissed due to debtor's failure to provide paystub covering petition date.
ABI Membership is required to access the full summary of In re Scalise. 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 October 30,2008, LexisNexis #0109-011

Regen Capital I Inc. v. Halperin (In re U.S. Wireless Data Inc.)

Appellant successor sought review of a judgment of the district court for the Southern District of New York, which found in favor of appellee trustee and affirmed a bankruptcy court's order expunging the successor's pre-petition general unsecured claim under the predecessor's executory contract on the ground that the successor sought additional compensation for a previously resolved "cure claim"under 11 U.S.C.S. § 365.
Ruling: 
Secured creditor's prepetition general unsecured claim under executory contract to be assumed disallowed due to predecessor's failure to object to cure amount.
Court: 2nd Circuit ( ) [ Circuit Court ]
ABI Membership is required to access the full summary of Regen Capital I Inc. v. Halperin (In re U.S. Wireless Data 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 29,2008, LexisNexis #1208-094

Pages