Search Opinion

In re Paradis

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and the Internal Revenue Service ("IRS") filed a secured claim and an unsecured claim against the debtors' bankruptcy estate. The debtors filed an objection to the IRS's unsecured claim and asked the court to confirm a plan they proposed that did not give the IRS's unsecured claim priority status. The parties submitted the issue on a stipulated record.
Ruling: 
IRS claim for taxes assessed more than three years before petition date could be treated as unsecured in plan.
ABI Membership is required to access the full summary of In re Paradis. 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 September 10,2012, LexisNexis #1012-048

In re Irving Tanning Co.

The court's memorandum contained findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052 on debtors' contested joint plan of reorganization in these jointly administered chapter 11 cases and a related adversary proceeding. Several parties (the "Objecting Parties") objected to the proposed use of the Self-Insurance Funds and opposed the Self-Insurance Channeling Injunction.
Ruling: 
Confirmation denied on feasibility grounds.
ABI Membership is required to access the full summary of In re Irving Tanning Co.. 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 August 28,2012, LexisNexis #0912-097

Howison v. Milo Enters.

Chapter 7 trustee brought an adversary proceeding against defendant in the United States Bankruptcy Court for the District of Maine, seeking to avoid allegedly preferential or fraudulent transfers. After the bankruptcy court denied the parties' cross-motions for summary judgment, defendant filed a motion in district court under 28 U.S.C.S. § 157(d) to withdraw the reference.
Ruling: 
Motion to withdraw reference of preference proceeding denied on timeliness grounds.
ABI Membership is required to access the full summary of Howison v. Milo 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 May 21,2012, LexisNexis #0612-069