238 results for 'cat:"Bankruptcy"'.
J. Nachmanoff grants summary judgment to the bankruptcy lawyer. The transfer of his home from his property to his and his wife was not disclosed as it should have been in response to a question in the businessman's signed statement of financial affairs, making the property a nonexempt asset. The businessman failed to show that any conduct by his attorney proximately caused either the U.S. Trustee to file its adversary proceeding seeking to deny discharge or that he would have prevailed at the trial.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: November 1, 2023, Case #: 1:22cv751, NOS: Other Contract - Contract, Categories: bankruptcy, Legal Malpractice, Contract
Per curiam, the Fifth Circuit finds the bankruptcy court improperly approved the debtor’s partial assignment of an executory contract. The gym filed for bankruptcy during the pendency of litigation involving a customer who was injured while using the gym’s equipment, and the ensuing litigation and bankruptcy became much more complex after a settlement was reached. The settlement violated code governing the treatment of executory contracts in bankruptcy. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 27, 2023, Case #: 22-30757, Categories: bankruptcy, Settlements, Tort
J. Bevan upholds the trial court determination that Idaho law established the limitations period on a commercial landlord's breach of contract cause of action on claims against its tenant that it bought from a third-party creditor, and that the period was stayed by a bankruptcy proceeding. But the trial court should have held that the bankruptcy stay also applied to the landlord's claims against the tenant related to the lease and tenancy. Vacated in part.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: October 26, 2023, Case #: 49633, Categories: bankruptcy, Civil Procedure, Contract
J. Dato finds that the trial court mistakenly held that a bankruptcy trustee's abandonment of a property after a visitor was injured there protected her from liability for the visitor's injuries. The abandonment retroactively reverted title and possession to the debtors but it did not operate retroactively for the purpose of establishing liability. And the Barton rule does operate to deprive the trial court of jurisdiction. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: October 19, 2023, Case #: D080534, Categories: bankruptcy, Civil Procedure, Negligence
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J. Connolly properly denied the borrower's motion to dismiss the bank's claims stemming from his transfer of property years before filing for bankruptcy. The bankruptcy stay does not prohibit the bank from commencing this foreclosure action against the entity to which the borrower deeded the subject property. Affirmed.
Court: New York Appellate Divisions, Judge: Connolly, Filed On: October 18, 2023, Case #: 05242, Categories: bankruptcy, Foreclosure
J. Bushong finds the Appeals Court erred by affirming the trial court’s denial of an individual's motion to substitute the bankruptcy trustee as the plaintiff and dismissed the case based on its conclusion that the individual's attempt to pursue this action in her own name was not an “honest and understandable mistake.” Reversed.
Court: Oregon Supreme Court, Judge: Bushing, Filed On: October 12, 2023, Case #: S069895, Categories: bankruptcy
J. Higginson finds the bankruptcy court properly denied the law firm’s motion to dismiss the adversary proceeding seeking to recover a transfer of the $1 million insurance policy proceeds already received by the firm and its client. The family of one of two individuals killed in a collision with a tractor owned by the debtor filed suit against the debtor, with the other family making a successful Stowers demand, through the law firm, for the $1 million limit of the policy. The debtor’s equitable interest in the insurance proceeds, allowed in “limited circumstances” such that the proceeds can be classified as property, are unaffected by the pre-petition transfer. A transfer of the debtor’s property has been properly alleged. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 6, 2023, Case #: 23-40125, Categories: bankruptcy, Insurance, Property
[Consolidated.] J. Cote affirms the bankruptcy court's decision dismissing two claimant's objections to the bankruptcy plan. The claimants were permitted to plead successor liability in their responses, so arguments about the format of the Sexual Abuse Claim Form fail. The court reasonably found that claimants would not be able to cure deficiencies in their claims if given the opportunity to amend.
Court: USDC Southern District of New York, Judge: Cote, Filed On: October 6, 2023, Case #: 1:23cv6281, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy
J. Staton affirms the bankruptcy court's order dismissing a father's appeal regarding "a promissory note secured by a junior deed of trust on real property...that was part of Debtor’s bankruptcy estate." The senior lienholder foreclosed on the property for lack of payment, which extinguished the junior lien. The foreclosure sale was valid, and the father knew the property was part of a Chapter 7 bankruptcy estate when he purchased it. The bankruptcy court did not err in concluding that the father failed to state a claim for wrongful foreclosure.
Court: USDC Central District of California, Judge: Staton, Filed On: September 29, 2023, Case #: 2:22cv6447, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy
J. Lohier finds the district court properly dismissed an appeal from bankruptcy court decision declining to transfer real property since the county did not timely object to the designation of an annuity as exempt. The county took title prior to sale and thus neither bidding rules nor procedures could have inured to the benefit of the debtor other than the county.
Court: New York Court Of Appeals, Judge: Lohier, Filed On: September 29, 2023, Case #: 21-2917, Categories: bankruptcy, Property
[Consolidated.] J. Otake refuses to dismiss the bankruptcy court’s orders that an asset on Hawaiian home lands of a now-bankrupt telecommunications company was properly sold to defendant telecommunications company. The sale order establishes that asset was properly acquired by the trustee of the bankrupt bankrupt telecommunications company and sold to defendant telecommunications company. The contesting companies did not show the trustee failed to levy the asset on real property interests, as the asset was classified a personal property. An earlier agreement between the bankrupt company and the contesting companies on the asset does not contradict the sale order.
Court: USDC Hawaii, Judge: Otake, Filed On: September 29, 2023, Case #: 1:22cv441, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Communications
J. Winmill grants in part a credit reporting agency's motion to exclude expert testimony regarding an individual's allegations that the agency failed to report that two of her debts were discharged following her Chapter 7 bankruptcy. The experts lack the "knowledge and expertise surrounding the kinds of debts discharged—and exempted from discharge—in Chapter 7 bankruptcies." Neither expert is qualified to opine on the individual's alleged
emotional distress or about harms due to inaccurate credit reporting. One expert is, however, qualified to testify about "the mechanics of credit reporting, credit scoring, and debt-to-income ratios."
Court: USDC Idaho, Judge: Winmill, Filed On: September 28, 2023, Case #: 1:21cv465, NOS: Consumer Credit - Other Suits, Categories: bankruptcy, Consumer Law, Experts
J. Dick affirms a bankruptcy court ruling denying a creditor’s counsel request for more time to file proof of a claim against the debtor in a Chapter 13 bankruptcy. The creditor’s lawyer said he did not file his client’s claim timely because of a calendaring error, and pleaded “excusable neglect.” The district court ruling disagrees: “Neglect is the inadvertent failure to do or not to something. Counsel for [the creditor] made the conscious decision to remove deadlines from his calendar on an erroneous ill-advised assumption. This is not excusable neglect — it is a bad decision.” The bankruptcy court’s decision is affirmed.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: September 28, 2023, Case #: 3:22cv664, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Civil Procedure, Constitution
J. Wright II grants the bioceramics company $2,900, finding that the equipment supplier CEO is liable for false advertising and unfair competition for making or approving statements about the bioceramics company's "Celliant" products, which violated a permanent injunction from a prior lawsuit the bioceramics company brought against the CEO. The evidence indicates that the CEO timed the bankruptcy filing of the equipment supplier with his statements about Celliant to avoid making payments under the settlement agreement from the prior lawsuit.
Court: USDC Central District of California, Judge: Wright II, Filed On: September 21, 2023, Case #: 2:21cv1149, NOS: Trademark - Property Rights, Categories: bankruptcy, Trademark, False Advertising
[Consolidated.] J. Kernodle affirms the judgment of the bankruptcy court relating to the sale of a property owned by the debtor entities. A trustee sought to set aside the sale order for lack of adequate notice, but it was not a creditor or party in interest entitled to actual notice. Also, the debtors' notice to sell the property that was published in a newspaper constituted constructive notice that satisfied due process.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: September 20, 2023, Case #: 4:22cv711, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Property, Due Process
J. Aenlle-Rocha grants the lessee $119,200 in attorney fees as the prevailing party in the various companies' appeals of the Bankruptcy Court’s order granting the lessee’s motion to assume the lease and sublease of four floors and a basement of a central Lose Angeles property. The lessee’s requested hourly rates for its attorneys are reasonable because they are skilled lawyers whose hourly rates reflect their knowledge and quality of service, and the lessee provides copies of its attorneys’ billing records to prove it.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: September 20, 2023, Case #: 2:20cv10656, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Property, Attorney Fees
J. Tjoflat finds that the district court properly upheld the bankruptcy court's order denying a motion by the debtor's creditors to disqualify the special litigation counsel and finding that the special litigation counsel's omissions with regard to pre-petition connections with the debtors or creditors did not warrant sanctions. Counsel was not disqualified from representing the trustee due to its pre-petition representation of the real estate investment trust or other entities. Counsel's representation of the investment trust did not create a dispute between the bankruptcy estate and the investment trust or create a circumstance that could be considered a bias against the bankruptcy estate.
Court: 11th Circuit, Judge: Tjoflat, Filed On: September 18, 2023, Case #: 21-10587, Categories: bankruptcy, Sanctions
J. Nelson finds that the district court improperly affirmed a bankruptcy court’s enhanced fee award to the trustee in a funded Chapter 11 bankruptcy. The matter is remanded with instructions to dismiss a creditor’s appeal for lack of Article III standing. Reversed.
Court: 9th Circuit, Judge: Nelson, Filed On: September 14, 2023, Case #: 21-55967, Categories: bankruptcy