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In re Mitrany

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and movant landlord filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(d), with respect to an apartment the debtor occupied.
Ruling: 
Successor landlord granted relief from stay to proceed with eviction where property was not necessary to effective reorganization.
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Consumer case opionion summary, case decided on May 16,2008, LexisNexis #0808-009

Forrest v. Bressler (In re Bressler)

Plaintiffs, former clients of the chapter 7 debtor, a disbarred attorney, brought an adversary proceeding seeking an exception to and a denial of the discharge sought by the debtor, pursuant to 11 U.S.C.S. §§ 523(a)(6), 727(a)(2) and (a)(4), citing his willful behavior, his concealment of assets with intent to hinder or delay, and numerous representations in his schedules and testimony containing misstatements or omissions made under oath.
Ruling: 
Attorney debtor's discharge denied due to concealment and nondisclosure.
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Consumer case opionion summary, case decided on May 15,2008, LexisNexis #0608-051

Quigley Co. v. Coleman (In re Quigley Co.)

A law firm, which represented asbestos claimants that had sued a chapter 11 debtor's non-debtor parent prior to the debtor's petition date, claimed that an amended injunction issued by the court did not enjoin the claims asserted by the claimants that were based on the Restatement (Second) of Torts § 400 (Section 400).
Ruling: 
"Apparent" manufacturer liability of debtor's parent in asbestos case was covered by channeling injunction.
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Commercial case opionion summary, case decided on May 15,2008, LexisNexis #0708-030

Go West Entertainment Inc. v. New York State Liquor Auth. (In re Go West Entertainment Inc.)

Plaintiff debtor filed a motion for a preliminary injunction staying the effectiveness of the revocation of the debtor's liquor license by defendant New York State Liquor Authority (SLA). The debtor sought a stay pending its appeal in the state courts of the SLA's revocation of the license.
Ruling: 
Court declined to stay revocation of liquor license that was crucial to debtor's ability to conduct business.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0608-106

In re Ampex Corp.

Movant shareholder filed a motion for an order directing the appointment of an official committee of equity security holders under 11 U.S.C.S. § 1102(a)(2). Respondents, the debtors, the United States Trustee, and a creditor opposed the motion.
Ruling: 
Appointment of official committee of equity security holders denied where significant distribution was unlikely.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0608-121

In re Vining

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and proposed a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and the trustee and a creditor filed objections to the debtors' plan.
Ruling: 
Confirmation denied due to improper payment sequence.
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Consumer case opionion summary, case decided on May 14,2008, LexisNexis #0608-129

In re Winer

Debtor filed a petition for relief under chapter 7 of the Bankruptcy Code, and two weeks later, the debtor's landlord filed a motion seeking an order confirming the absence of the automatic stay, pursuant to 11 U.S.C.S. § 362(b)(22), or in the alternative, granting the landlord relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(d). The debtor opposed the motion.
Ruling: 
Eviction action not stayed where judgment of possession was obtained prior to petition date.
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Consumer case opionion summary, case decided on May 13,2008, LexisNexis #0608-111

Jimenez v. NYCTL 1996-1 Trust (In re Jimenez)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor, seeking a determination that the creditor's lien against the debtor's real property, for unpaid taxes and other property-related charges, was discharged or unenforceable based on the creditor's mistaken statement that the amount secured by the lien was paid in full. The bankruptcy court conducted an evidentiary hearing.
Ruling: 
Mistaken representation that amount secured by lien was paid in full did not render lien unenforceable where retention is called for in the plan.
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Consumer case opionion summary, case decided on May 09,2008, LexisNexis #0608-068

Board of Tr. Adirondack Carpenters Pension Fund v. Parker (In re Parker)

Plaintiff boards of trustees of employee benefit plans brought an adversary proceeding against defendant bankruptcy debtor, alleging that debts to the plans owed by the debtor as an employer were nondischargeable under 11 U.S.C.S. § 523(a)(4) based on fiduciary defalcation, larceny, or embezzlement. The bankruptcy court conducted a trial.
Ruling: 
Debtor employer's failure to make contributions to employee benefit plans did not render debt nondischargeable as its role was not that of a fiduciary.
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Commercial case opionion summary, case decided on May 07,2008, LexisNexis #0608-046

Varde Inv. Partners LP v. Comair Inc. (In re Delta Air Lines Inc.)

Pending was the reorganized defendant debtors' motion under Fed. R. Bankr. P. 7012 and Fed. R. Civ. P. 12(b) to dismiss the Amended Complaint. Plaintiff claimants alleged they held $ 125,000,000 in claims against one or more of the debtors. The Amended Complaint (AC) asserted a single claim under 11 U.S.C.S. § 1144 to revoke debtors' confirmed Plan of Reorganization based upon debtors' alleged fraud in procurement of the confirmation order.
Ruling: 
Belated attempt by five creditors to revoke plan that was nearly unanimously approved dismissed due to lack of standing or factual support.
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Commercial case opionion summary, case decided on April 30,2008, LexisNexis #0608-104

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