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

Search Opinion

In re Tender Loving Care Health Servs.

Movant creditor requested payment of his attorneys fees incurred in connection with efforts to collect an allowed unsecured claim, which included an appeal to the United States Court of Appeals for the Second Circuit, and for prejudgment and postjudgment interest on the allowed claim.
Ruling: 
Creditor's attorneys' fees for appeal of allowance of unsecured claim denied.
ABI Membership is required to access the full summary of In re Tender Loving Care Health Servs.. 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 31,2009, LexisNexis #0210-104

In re Bermuda Bay LLC

Bankruptcy debtors owned real property which was part of a resort development and were formulating a reorganization plan of which a key component was the sale of vacation ownership interests in the resort. A creditor secured by a portion of the property objected to the debtors' disclosure statement on the ground that it contained inadequate information.
Ruling: 
Disclosure statement not approved due to inadequate information.
ABI Membership is required to access the full summary of In re Bermuda Bay 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 31,2009, LexisNexis #0210-095

Fox v. Continental Airlines Inc. (In re Sage Enters.)

Plaintiff, the chapter 7 trustee, brought a claim for breach of contract against defendant, an airline that obtained supplies and services from the debtor. The trustee sought judgment in the amount of $ 2,510,385.25, plus prejudgment interest, attorney's fees, and court costs. The airline asserted that it had paid the amounts it owed the debtor, that it had paid the debtor's suppliers directly, and that the debtor acted as its agent.
Ruling: 
Judgment granted to trustee in breach of contract action brought on behalf of estate.
ABI Membership is required to access the full summary of Fox v. Continental Airlines Inc. (In re Sage Enters.). 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 31,2009, LexisNexis #0110-136

Papco Inc. v. Heal (In re Heal)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's fraudulent transfer of assets and failure to maintain adequate financial records.
Ruling: 
Transfer to debtor's spouse while debtor was insolvent and intended to defraud creditors was grounds for denial of discharge.
ABI Membership is required to access the full summary of Papco Inc. v. Heal (In re Heal). 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 31,2009, LexisNexis #0210-091

Starcher v. Mills (In re Starcher)

This matter was before the court in a trial for the purpose of determining the dischargeability of a $ 4,209 (plus interest and costs) judgment debt owed by plaintiff debtors to defendant creditor. The creditor objected to dischargeability of her judgment debt on the assertion that her daughter's dress (as well as a number of other brides' dresses) was knowingly resold by debtors to other brides before debtors' store closed in May 2008.
Ruling: 
Judgment based on debtor's re-sale of creditor's daughter's bridal dress prior to closing of store was discharged as not based on willful or malicious conduct or fraud.
ABI Membership is required to access the full summary of Starcher v. Mills (In re Starcher). 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 31,2009, LexisNexis #0210-083

In re Energy Partners Ltd.

In this chapter 11 case, a creditor sought reimbursement of legal fees and expenses in the amount of $ 61,480 pursuant to 11 U.S.C.S. §§ 503(b)(3)(D) and (b)(4). The debtor objected to the request on the sole ground that the creditor did not provide a substantial contribution to the case as required by 11 U.S.C.S. § 503(b)(3)(D).
Ruling: 
Creditor entitled to administrative expense for legal fees and expenses due to substantial contribution to case.
ABI Membership is required to access the full summary of In re Energy Partners Ltd.. 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 31,2009, LexisNexis #0210-008

Actrade Liquidation Trust v. Greenwich Ins. Co. (In re Actrade Fin. Techs. Ltd.)

Debtor's successor-in-interest, i.e., a liquidation trust and another debtor's trustee, sought a declaratory judgment that defendants, i.e., sureties and another insurance company, were liable on bonds aggregating $ 14 million that they issued in favor of debtor (as obligee) and on behalf of the other debtor (as principal). The court denied cross-motions for summary judgment on the defense of release; the parties proceeded to trial.
Ruling: 
General release of debtor's claims against sureties did not cover additional claims pursued by liquidation trustee.
ABI Membership is required to access the full summary of Actrade Liquidation Trust v. Greenwich Ins. Co. (In re Actrade Fin. Techs. Ltd.). 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 31,2009, LexisNexis #0110-135

Bankston v. Singleton

Plaintiffs, two managers, sued defendants, limited liability company (LLC) and its majority owner. The owner and the LLC removed the case to federal court. The owner and the LLC moved to transfer the case to the United States District Court for the Eastern District of Louisiana for referral to the bankruptcy court in that district. The managers requested that the case be remanded to state court, or, in the alternative to bankruptcy court.
Ruling: 
Claims against LLC and majority owner referred to bankruptcy court where one plaintiff's case was pending pursuant to "related to" jurisdiction.
ABI Membership is required to access the full summary of Bankston v. Singleton. 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 30,2009, LexisNexis #0110-127

Perkins v. Arnold (In re Arnold)

Plaintiff creditors sought to deny the chapter 7 debtor a bankruptcy discharge pursuant to 11 U.S.C.S. § 727(a)(2), claiming that the debtor transferred property of the estate within one year prior to filing his bankruptcy petition, with the intent to hinder, delay, or defraud them. They also asserted that he violated N.C. Gen. Stat. § 75-1.1 et seq., by committing unfair and deceptive trade practices.
Ruling: 
Transfer of multiple tracts of property to prevent creditors from securing judgment was grounds for denial of discharge.
ABI Membership is required to access the full summary of Perkins v. Arnold (In re Arnold). 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 30,2009, LexisNexis #0210-092

In re Texans CUSO Ins. Group LLC

At a hearing held on November 11, 2009, the court granted debtor's motion to estimate the amount of a claimant's claims under 11 U.S.C.S. § 502(c). Pursuant to the estimation procedures ultimately agreed upon by the parties, the claimant filed a Response to Debtor's Application to Vacate or Modify the Accounting Arbitration Award on December 3, 2009, to which debtor filed a Reply on December 7, 2009.
Ruling: 
Arbitration award confirmed as determined according to claim estimation procedure agreed to by parties.
ABI Membership is required to access the full summary of In re Texans CUSO Ins. 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 30,2009, LexisNexis #0110-110

Pages