CHAPTER 11 (Re: D.I. 47, 61, 111). MEMORANDUM REGARDING PLAINTIFF'S MOTION FOR RECONSIDERATION, MOTION TO COMPEL DISCOVERY, AND REQUEST FOR JUDICIAL NOTICE 2 KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE Background Molly S. White and Ralph N. White (the "Whites") filed the above-captioned adversary proceeding against the Debtors by filing a complaint to determine dischargeability of debt (the "Complaint"), which contains twelve counts 3 arising out of a consumer mortgage loan...
MEMORANDUM OPINION WALSH, Bankruptcy Judge. This opinion is with regard to the summary judgment motion filed by IPFS Corporation of the South ("Defendant"). (Adv. Doc. No. 11.) In addition, this opinion will reach the merits of Trustee's cross-motion for summary judgment filed in opposition. (Adv Doc. No. 14.) For the reasons detailed below, I will grant Defendant's motion for summary judgment. Background This adversary proceeding was filed by Trustee to avoid and recover preferential...
Chapter 11 OPINION 1 Sontchi, J. INTRODUCTION The question before the Court is whether an (alleged) agreement to setoff amounts owed to affiliates of a counterparty (a so called "triangular setoff") is enforceable under the "safe harbor" provisions in sections 559-561 of the Bankruptcy Code. Prior to their bankruptcy, AHM Investment, one of the Debtors, 2 was a party to a Swap Agreement with Barclays Capital and a Repurchase Agreement with Barclays Bank. After the filing, Barclays...
Related D.I. 273 OPINION 1 Sontchi, J. INTRODUCTION Before the Court is a request for an administrative expense claim under section 503(b)(9) of the Bankruptcy Code. The movant, Westfield Gas & Electric Light Department ("Westfield"), a utility provider, seeks an administrative expense for the electricity and natural gas it provided to the debtors (the "Debtors") in the 20-days prior to the Debtors' bankruptcy. Section 503(b)(9) claims are only available to vendors of "goods" and not to...
Chapter 11 OPINION 1 Sontchi, J. INTRODUCTION Before the Court is a second motion for partial summary judgment filed by Plaintiff, a litigation trustee appointed under Debtor's confirmed plan of reorganization, against a former officer and director of Debtor. Plaintiff seeks to recover payments made by Debtor to Defendant in the weeks prior to Debtor's bankruptcy from the proceeds of a settlement payable to the Debtor. Plaintiff's first motion for partial summary judgment, filed on July...
CHAPTER 11 (Re: D.I. 7675, 13716) MEMORANDUM ORDER SUSTAINING OBJECTION TO CLAIMS OF COOK COUNTY DEPARTMENT OF REVENUE 2 KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE. Before the Court is the Debtors' Forty-First Omnibus Objection (Non-Substantive) To Claims Pursuant To Section 502(b) of the Bankruptcy Code, Bankruptcy Rules 3001, 3003, and 3007, and Local Rule 3007-1 (D.I. 7675) (the "Claim Objection"). The Claim Objection included an objection to Claim No. 6683 filed by the Cook...
AMENDED MEMORANDUM OPINION WALSH, J. This opinion is with regard to the motion to dismiss (the "Motion")(Doc. # 18) filed by Defendants Susan Miller (as personal representative the estate of Ronald A. Miller), Super Lawns, Inc., and Super Lawns of Fairfax, Inc., pursuant to Federal Rule of Civil Procedure ("FRCP") 12(c) for failure to state a claim upon which relief can be granted. The Motion seeks to dismiss the adversary proceeding ("Complaint") filed by Joseph E. Eckbold, Jr. and Jaclyn M....
MEMORANDUM OPINION PETER J. WALSH, Bankruptcy Judge. This opinion is with regard to the motion to dismiss (the "Motion")(Doc. # 18) filed by Defendants Susan Miller (as personal representative the estate of Ronald A. Miller), Super Lawns, Inc., and Super Lawns of Fairfax, Inc., pursuant to Federal Rule of Civil Procedure ("FRCP") 12(c) for failure to state a claim upon which relief can be granted. The Motion seeks to dismiss the adversary proceeding ("Complaint") filed by Joseph E. Eckbold,...
Chapter 11 MEMORANDUM 2 KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE. I. INTRODUCTION Before the Court is the objection by the Trustee for the New Century Liquidating Trust to Janet and Alfonso Longo's (the "Longos") unsecured claim number 3801 in the amount of $2,816,854.62 (the "Claim" or the "Longos' Claim"). The Court held an evidentiary hearing on the merits of the Longos' Claim. Subsequently, the Trustee and the Longos filed post-hearing briefs. For the reasons set forth below,...
ORDER MARY F. WALRATH, Bankruptcy Judge. AND NOW, this 16th day of July, 2013, upon consideration of Corcoran's Motion to Dismiss the Complaint filed by the Committee and for the reasons set forth in the accompanying Memorandum Opinion; it is hereby ORDERED that the Motion to Dismiss is GRANTED as to Counts 1 and 3, with leave to amend the Complaint on these Counts within 30 days; and it is further, ORDERED that the Motion to Dismiss is DENIED as to Counts 2, 4 and 5. FootNotes...
MEMORANDUM OPINION AND ORDER REGARDING THE OBJECTION OF MICHAEL T. KENNEDY TO THE FINAL FEE APPLICATION OF SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP (DOC. # 1993) WALSH, Bankruptcy Judge. This Court having previously authorized the employment of Skadden, Arps, Slate, Meagher & Flom LLP ("Skadden") as counsel to the above-captioned debtors and debtors-in-possession (collectively, the "Debtors"); and the Final Fee Application of Skadden, Arps, Slate, Meagher & Flom LLP for Compensation for...
OPINION KEVIN GROSS, Bankruptcy Judge. Before the Court is the Amended Complaint filed by Plaintiff Thomas Chorman ("Plaintiff" or "Chorman") (D.I. 53) (the "Amended Complaint"), the Motion for Summary Judgment filed by Defendants Raymond Mabus, Jr. ("Mabus") and Gregory Christian ("Christian") (collectively, the "Defendants") (D.I. 90 and 91) (the "Motion"), the Response in Opposition to the Motion filed by Plaintiff (D.I. 97) (the "Response"), and Defendants' Reply thereto (D.I. 103). The...
OPINION 1 CHRISTOPHER S. SONTCHI, Bankruptcy Judge. INTRODUCTION Before the Court is a complaint filed by Hamin Khatib ("Plaintiff") against Chicago Newspaper Liquidation Corp. Liquidating Trust ("Liquidating Trust"), formally known as Sun-Times Media Group, Inc. ("STMG") (The Court refers to the Liquidating Trust (f/k/a STMG) as the "Defendant"). In the complaint, the Plaintiff claims copyright infringement, patent infringement, unfair competition, trade secret misappropriation, unjust...
OPINION CHRISTOPHER S. SONTCHI, Bankruptcy Judge. INTRODUCTION This is a case of contract interpretation. Under a pre-petition lease between landlord and debtor/tenant, debtor was required to purchase the leased property "on or before the Initial Term Expiration Date of December 25, 2008." Debtor failed to purchase the property by that deadline but remained in possession of the property on a month-to-month basis. Debtor filed bankruptcy in March 2009. Shortly thereafter, landlord and...
OPINION 1 GLORIAM L. FRANKLIN Bankruptcy Judge. INTRODUCTION Before the Court is the Chapter 7 trustee's objection, pursuant to Fed. R. Bankr. P. 4003(b), to the debtor's exemption from the estate of three automobiles. Although the vehicles are titled solely in the individual debtor's name, the debtor argues that they are owned by him and his non-debtor wife as tenants by the entirety. As such, the debtor asserts that the automobiles are exempt under 11 U.S.C. 522(b)(3)(B). For the...
PETER J. WALSH, Bankruptcy Judge. Dear Counsel: This is with respect to Travelers' Motion in Limine to Include "Loss Runs" in Evidence as a Summary of Underlying Business Records. (Doc. # 6706.) On page 11 of the motion, Travelers states: "The Underlying Material Summarized in the Loss Runs is Voluminous, Admissible and Has Always Been Available to the Debtors and Trustee." I assume that means that the underlying material is still available to the Trustee.
OPINION 1 BRENDAN LINEHAN SHANNON, Bankruptcy Judge. Before the Court is a motion to dismiss or, in the alternative, transfer (the "Motion") [Adv. Docket No. 9] filed by Dayton Superior Corporation (the "Defendant" or "Reorganized Debtor"). J & K Adrian Bakery, L.L.C. (the "Plaintiff") filed a Complaint [Adv. Docket No. 3] in the United States District Court for the Northern District of Alabama (the "Alabama District Court") against the Defendant alleging three counts for damages to its...
OPINION 1 BRENDAN LINEHAN SHANNON, Bankruptcy Judge. Before the Court is a motion (the "Motion") [Adv. Docket No. 38] filed by SB Liquidation Trust (the "Trust" or "Plaintiff") for relief from an order granting Preferred Bank's (the "Bank" or "Defendant") motion to dismiss the complaint (the "Complaint") [Adv. Docket No. 1]. The Trust, as successor-in-interest to Syntax-Brillian Corporation and its affiliated debtors (the "Debtors" or "SBC"), initiated this adversary proceeding against the...
MEMORANDUM 1 KEVIN J. CAREY, Bankruptcy Judge. Procedural Background and Undisputed Facts On June 8, 2008, LandSource Communities Development, LLC, and affiliated entities (including The Newhall Land and Farming Company (A California Limited Partnership) ("Newhall")), each filed a voluntary chapter 11 petition. 2 In November 2008, Berco Oil Company North Tapo Lease, LLC ("Berco") filed a proof of claim (claim no. 678) (the "Berco Claim") in the amount of $800,000 against Newhall's...
Chapter 7 RE: Adv. Docket Nos.: 79 and 81 OPINION 1 Sontchi, J. INTRODUCTION This matter requires the Court to determine whether a substantial tax refund is property of the estate due to a tax sharing agreement between the debtor, Downey Financing Corp. ("DFC" or the "Debtor"), and its non-debtor subsidiary, Downey Savings and Loan Association, F.A. ("Downey Bank"). The tax sharing agreement established a method for (i) allocating the consolidated tax liability, (ii) reimbursement and...
