Search Opinion

Hoge v. Moore (In re Railworks Corp.)

Plaintiff guarantors of performance bonds issued to a bankruptcy debtor sued defendant representatives of the debtor and its parent company, also a debtor, alleging state law claims to recover amounts paid by the guarantors upon default under the bonds. The action was removed to bankruptcy court, the representatives moved to dismiss the claims, and the guarantors moved for abstention or remand.
Ruling: 
Removed state law action by bond guarantors against debtor remanded to state court.
ABI Membership is required to access the full summary of Hoge v. Moore (In re Railworks Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Muhaimin

Secured creditors that held interests in the residential real estate of three debtors, each moved for relief from the automatic stay and for relief under 11 U.S.C. § 362(d)(4), on the basis that the debtor in each case, and their codebtors, had used multiple bankruptcy filings to frustrate foreclosure sales on their residences. A creditor also prayed for the imposition of an equitable servitude on one debtors'property under Maryland case law.
Ruling: 
Creditors were denied relief from automatic stay since they failed to show debtors'multiple filings were part of a scheme to defraud creditors.
ABI Membership is required to access the full summary of In re Muhaimin. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Estate of Roberts

In petitioner individual's capacity as executor of a decedent's estate, petitioner filed a chapter 13 petition on behalf of a decedent's probate estate
Ruling: 
A decedent's estate or its executor are not persons under the Code and thus may not be debtors.
ABI Membership is required to access the full summary of In re Estate of Roberts. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member