Search Opinion

In re Clearpoint Bus. Res. Inc.

Debtors moved to enjoin an alleged violation of the automatic stay by a contracting party. Debtors invoked 11 U.S.C.S. §§ 105, 362, 541 to halt the contracting party's claim that pre-petition agreements between debtors and the contracting party terminated by their own terms and therefore the automatic stay was not implicated. A hearing was held.
Ruling: 
Termination of agreement based on amendments thereto did not violate stay.
ABI Membership is required to access the full summary of In re Clearpoint Bus. Res. 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 December 30,2010, LexisNexis #0111-107

In re Clouse

Debtor filed a petition under chapter 13 and proposed a plan for repaying his creditors. The court confirmed the debtor's plan, and slightly less than one year after confirmation, the debtor entered into a postnuptial agreement with his spouse. The debtor's counsel moved to have the postnuptial agreement declared void as a violation of 11 U.S.C.S. § 362(a).
Ruling: 
Postpetition postnuptial agreement violated stay and was void.
ABI Membership is required to access the full summary of In re Clouse. 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 28,2010, LexisNexis #0211-007

Fidelity Deposit & Discount Bank v. Domiano (In re Domiano)

In this individual Chapter 11 proceeding filed by respondent debtors, a husband and wife, movant, a secured creditor, sought conversion of the case to Chapter 7 and an accounting regarding some of the secured creditor's collateral. The debtors sought dismissal of the conversion motion.
Ruling: 
Case converted to chapter 7 due to gross mismanagement of estate.
ABI Membership is required to access the full summary of Fidelity Deposit & Discount Bank v. Domiano (In re Domiano). 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 28,2010, LexisNexis #0411-065

In re Rodriguez

Appellant Chapter 13 debtors filed a motion in bankruptcy court to enforce the automatic stay under 11 U.S.C.S. § 362(a) against appellee creditor. The bankruptcy court denied the motion, finding that the creditor did not violate the stay, and the United States District Court for the District of New Jersey affirmed. The debtors appealed.
Ruling: 
Finding that creditor's assessment of higher postpetition escrow payments did not violate stay reversed and remanded for determination of willfulness.
ABI Membership is required to access the full summary of In re Rodriguez. 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 23,2010, LexisNexis #0111-074

In re Kane

Debtor filed a motion in his chapter 13 bankruptcy proceeding to expunge appellee wife's claim with prejudice. The bankruptcy court expunged the claim without prejudice to refiling an equitable distribution claim. The United States District Court for the District of New Jersey affirmed. The debtor appealed.
Ruling: 
Equitable distribution claim that was abandoned by trustee could be pursued in spouse's bankruptcy.
ABI Membership is required to access the full summary of In re Kane. 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 21,2010, LexisNexis #0111-055

In re Midwest Props. of Shawano LLC

Debtors, a holding company that owed real property in Wisconsin and an oil company that owed real property in Minnesota, filed separate pro se petitions under Chapter 11 of the Bankruptcy Code, and after both cases were assigned to the District of Delaware, the United States Trustee (UST) filed motions in both cases, seeking an order converting or dismissing both cases or appointing a Chapter 11 trustee. The debtors opposed the UST's motions.
Ruling: 
Cases dismissed where businesses were operating with losses and did not submit viable chapter 11 plans.
ABI Membership is required to access the full summary of In re Midwest Props. of Shawano 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 20,2010, LexisNexis #0111-094

In re Chandler

Debtor filed a petition under chapter 7 and subsequently converted his case to one under chapter 11. Movant, the debtor's wife, filed a motion seeking relief under 11 U.S.C.S. § 362(d)(1) from the stay that was imposed when the debtor declared bankruptcy so she could pursue certain actions in and connected with divorce proceedings that were filed in state court. The debtor opposed the motion.
Ruling: 
Debtor's spouse allowed relief from stay to pursue equitable distribution and other divorce issues but not sale of property of contempt action.
ABI Membership is required to access the full summary of In re Chandler. 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 17,2010, LexisNexis #0211-009

In re Catenaccio

The Chapter 7 debtors moved for a determination that certain funds held in savings accounts were not property of the bankruptcy estate. The debtors requested that the court issue an order to release the funds held in joint bank accounts by the debtor husband and his father, a non- debtor, because the funds were the father's property.
Ruling: 
Funds held by debtor in joint account with non-debtor father were not property of the estate.
ABI Membership is required to access the full summary of In re Catenaccio. 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 16,2010, LexisNexis #0111-126

Samson Res. Co. v. J. Aron & Co. (In re Semicrude LP)

Plaintiff producers of oil and gas brought actions against defendant purchasers of the oil and gas from bankruptcy debtors, alleging that the purchasers were liable for amounts the debtors failed to pay the producers for the oil and gas. The actions were transferred to the court, and the producers moved to re-transfer the actions to state court or to abstain from hearing the state-law claims.
Ruling: 
Bankruptcy court refused to abstain from hearing actions seeking to hold purchasers of oil and gas from debtors liable for amounts owed by debtors.
ABI Membership is required to access the full summary of Samson Res. Co. v. J. Aron & Co. (In re Semicrude LP). 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 13,2010, LexisNexis #0111-100

DeAngelis v. Shores (In re Shores)

U.S. Trustee (UST) filed a motion to dismiss the bankruptcy petition of respondent debtors, alleging that the totality of their financial circumstances demonstrated an abuse of chapter 7 under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case ordered converted or dismissed for abuse based on totality of the circumstances.
ABI Membership is required to access the full summary of DeAngelis v. Shores (In re Shores). 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 08,2010, LexisNexis #0211-026

Pages