Rule 9019(a)

Brantley v. CitiFinancial Inc. (In re Brantley)

Ruling: 
Settlement of adversary proceeding was not approved as being neither fair nor equitable.
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Consumer case opionion summary, case decided on January 15,2015, LexisNexis #0215-068

In re 3d Resorts-Bluegrass LLC

Ruling: 
Trustee's settlement approved in best interests of estate.
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Commercial case opionion summary, case decided on November 13,2013, LexisNexis #1213-035

In re Brutsche

Ruling: 
Settlement of foreclosure action in which lender agreed to forego deficiency approved.
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Consumer case opionion summary, case decided on October 15,2013, LexisNexis #1113-035

In re Panache Cuisine LLC

Ruling: 
Approval of settlement denied as terms were not properly noticed and disclosed and one party had repudiated term beneficial to estate.
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Commercial case opionion summary, case decided on September 23,2013, LexisNexis #1013-070

In re Rich Global LLC

A creditor obtained a substantial judgment against a bankruptcy debtor, and the debtor and the creditor cross-appealed the judgment. The bankruptcy trustee moved for approval of a settlement to resolve the cross-appeals.
Ruling: 
Settlement of cross appeals of judgment approved as in best interests of the estate.
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Commercial case opionion summary, case decided on July 16,2013, LexisNexis #0813-034

In re Robnett

Before the court was the chapter 7 trustee's Motion for Approval of Compromise. No objections to the Motion were filed.
Ruling: 
Trustee's motion to approve compromise denied where notice to creditors was not adequate.
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Consumer case opionion summary, case decided on January 24,2013, LexisNexis #0213-139

Burtch v. Avnet Inc. (In re Managed Storage Intl Inc.)

Plaintiff, a chapter 7 trustee, filed a complaint against defendants, a creditor and its successor, seeking to recover an amount as an alleged preference. Defendants filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Preference proceeding against creditor dismissed due to terms of executed release.
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Commercial case opionion summary, case decided on November 26,2012, LexisNexis #1212-103

Guippone v. BH S&B Holdings LLC

Plaintiff creditor brought a class action adversary proceeding against defendant debtors in the United States Bankruptcy Court for the Southern District of New York to recover pay and benefits. The district court withdrew the reference of the adversary proceeding. The parties and the Chapter 7 trustee moved for approval of a settlement.
Ruling: 
Settlement of claims under WARN Act approved in best interests of debtors and estate.
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Commercial case opionion summary, case decided on October 28,2011, LexisNexis #1111-103

In re Diplomat Constr. Inc.

A Chapter 7 trustee filed a motion pursuant to Fed. R. Bankr. P. 9019(a) for authorization to settle and compromise claims against a bank. The trustee sought to settle the remaining claims in an adversary action against the bank: fraud and misappropriation of trade secrets under Georgia law. Objections to the trustee's motion were filed by former principals of the debtor (the objectors).
Ruling: 
Trustee's motion for authorization to settle claims against bank granted over objection of debtor's former principals.
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Commercial case opionion summary, case decided on May 05,2011, LexisNexis #1011-033

In re Jennings

Creditor filed a motion for reconsideration of an order approving a settlement agreement resolving an adversary proceeding brought by plaintiff chapter 7 trustee against defendant, counsel for the debtor. The trustee joined in the motion.
Ruling: 
Reconsideration of approval of settlement denied.
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Consumer case opionion summary, case decided on March 24,2011, LexisNexis #0411-105

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