Sep
23
2021
ETS of Wash., LLC, In re
Ruling:
Motion to resolve disputed trustee election and find it proper denied where moving creditorswere ineligible to vote for a Chapter 7 trustee rendering election invalid. (Bankr. D.D.C.)
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Commercial case opionion summary, case decided on September 23,2021, LexisNexis #1121-039
Court: Judge or Jurisdiction information not available
Dec
01
2020
Pinnacle Reg'l Hosp., In re
Ruling:
Bank was not disqualified from voting in election of Chapter 7 trustee as its claims were notdisputed and did not have an interest materially adverse to the other unsecured creditors.(Bankr. D. Kan.)
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Commercial case opionion summary, case decided on December 01,2020, LexisNexis #0121-037
Oct
22
2020
Concepts Am., Inc., In re
Ruling:
Creditor waived secured status as it filed the involuntary petition without disclosing itssecurity and filed a proxy to vote in the trustee election reserved for unsecured creditors.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on October 22,2020, LexisNexis #1220-042
Jul
05
2016
In re North Star Dev. & Constr. LLC
Ruling:
Election did not elect a permanent chapter 7 trustee where neither voting creditor was eligible to vote.
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Commercial case opionion summary, case decided on July 05,2016, LexisNexis #0816-017
Court: District of Florida ( ) [ Bankruptcy Court ]
Dec
29
2015
In re Barkany
Ruling:
Creditors group's fraudulent transfer claims did not create interest adverse to other creditors and the group was eligible to vote for the chapter 7 trustee.
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Consumer case opionion summary, case decided on December 29,2015, LexisNexis #0116-099
Dec
29
2015
In re Barkany
Ruling:
Attorney whose firm represented the president of a company to which debtor loaned money was a disinterested party and could serve as chapter 7 trustee.
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Consumer case opionion summary, case decided on December 29,2015, LexisNexis #0116-127
Apr
02
2015
A & E 128 North Corp. v. DeGiacomo
Ruling:
Bankruptcy court did not err in holding creditors ineligible to vote for chapter 7 trustee.
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Consumer case opionion summary, case decided on April 02,2015, LexisNexis #0415-130
Apr
08
2013
Fogel v. Shabat (In re Draiman)
In a consolidated case, appellants, defendants in adversary actions, sought judicial review of the ruling by the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, that the appointment of an interim trustee extended the statute of limitations for avoidance actions in bankruptcy.
Ruling:
Appointment of interim trustee by default did not extend statute of limitations for avoidance proceedings.
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Consumer case opionion summary, case decided on April 08,2013, LexisNexis #0513-020
Jul
02
2012
In re Jenkins
This matter came on for hearing on a creditor's Motion to Dismiss Debtor's Chapter 7 Bankruptcy Petition. The trustee in the case filed an objection to the Motion. Another creditor also filed an objection to the Motion. The U.S. Bankruptcy Administrator also filed an objection to the Motion. The moving creditor filed a reply to the Trustee's objection.
Ruling:
Debtor's failure of means test did not require dismissal.
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Consumer case opionion summary, case decided on July 02,2012, LexisNexis #0712-128
Jan
07
2010
In re TBR USA Inc.
This matter was before the court for a final decision concerning the disputed election of a chapter 7 Trustee.
Ruling:
Interim trustee would serve as trustee in case where trustee was not properly elected at creditors' meeting.
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Commercial case opionion summary, case decided on January 07,2010, LexisNexis #0210-018
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