MEMORANDUM OPINION 2 LAURIE SELBER SILVERSTEIN , UNITED STATES BANKRUPTCY JUDGE . The Official Information Company ("TOIC") and HireRight Solutions, Inc. ("HireRight," and collectively, the "Debtors") ask this Court to adjudicate the corporate income tax liability, if any, owed by them to the State of Oklahoma for the fiscal year ending September 30, 2011 even though they have a tax protest proceeding pending before the Oklahoma Tax Commission. The Debtors assert that the Court can...
OPINION RE MOTION OF THE REORGANIZED DEBTORS TO ENFORCE DISCHARGE & INJUNCTION OF PLUM CREEK TIMBER CO.'S CLAIM KEVIN GROSS , United States Bankruptcy Judge INTRODUCTION W.R. Grace & Co. and its affiliated reorganized debtors (collectively, "Grace" or the "Debtors") confirmed and consummated a Plan of Reorganization (the "Plan") (D.I. 26368) on January 31, 2011 (D.I. 26155), effective on February 3, 2014 (D.I. 31700). The Plan provides for a general discharge, a specific discharge of...
OPINION ON CONFIRMATION OF THE DEBTORS' MODIFIED FIRST AMENDED PLANS OF REORGANIZATION AND LIQUIDATION KEVIN J. CAREY , UNITED STATES BANKRUPTCY COURT. Before me for consideration is confirmation of the Debtors' Modified First Amended Plans of Reorganization and Liquidation (the "Plan"), a critical component to the global reorganization of Abengoa, S.A. ("Abengoa" or "Parent"). 2 The debtors have resolved virtually all objections to confirmation of the Plan. Only two remain: the United...
MEMORANDUM OPINION 1 LAURIE SELBER SILVERSTEIN , Bankruptcy Judge . Before the Court is a motion for judgment on the pleadings in response to the Trustee's complaint asserting preference and fraudulent conveyance claims. For the reasons that follow, the Court will grant the motion and dismiss the complaint, without prejudice and with leave to amend, if appropriate. Background On March 5, 2014, United Tax Group (the "Debtor") filed a voluntary petition under chapter 7 of title 11 of the...
Re: D.I.: 312, 313, 325, 326, 327, 328, 330, 339, 358, 359, 360, 361, 362, 367 MEMORANDUM LAURIE SELBER SILVERSTEIN , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on the motion (the "Rule 2004 Motion" or "Motion") 2 of Marc S. Kirschner, as trustee of two trusts created pursuant to the Debtors' plan of reorganization, seeking authority under Federal Rule of Bankruptcy Procedure 2004 ("Rule 2004") to take discovery from certain third parties (the "Third Parties") 3...
Memorandum LAURIE SELBER SILVERSTEIN , UNITED STATES BANKRUPTCY JUDGE . Before the Court is Alfred Barr's filing titled Interested Party Motion to Lift Automatic Stay or in the Alternative to Annul or Modify the Automatic Stay for Hire-Right Solutions Inc. ("Barr Motion"). 2 Mr. Barr is proceeding pro se. 3 The reorganized debtors filed an objection to the Barr Motion, 4 and Mr. Barr filed a memorandum of law in support of his motion. 5 At a hearing on September 21, 2016, both...
OPINION 2 KEVIN J. CAREY , UNITED STATES BRANKRUPTCY JUDGE . Orleans Homebuilders, Inc. and related entities (the "Debtors" or "Orleans") filed chapter 11 petitions on March 1, 2010. This Court entered an order confirming the Debtors' Modified Second Amended Joint Plan of Reorganization (the "Plan") on December 1, 2010, which became effective on February 14, 2011. 3 Cooks Bridge Condominium is a 332-unit residential condominium community developed pre-petition by the Debtors and...
MEMORANDUM ORDER CHRISTOPHER S. SONTCHI , Bankruptcy Judge . Before the Court is the Motion of Delaware Trust Company, as TCEH First Lien Indenture Trustee, to Partially Vacate Judgment Pursuant to Fed. R. Bankr. P. 9024 and Fed. R. Civ. P. 60(b). (Adv. D.I. 122) (the "Motion"), and the response and reply thereto (Adv. D.I. 127 and 128). The Motion relates to the Court's Opinion dated March 11, 2016 1 (Adv. D.I. 89) (the "Bankruptcy Court Opinion"), Amended Order (Adv. D.I. 94), and...
OPINION Sontchi , J. INTRODUCTION Before the Court is a motion for remand of several claims in the instant adversary proceeding. Repsol, S.A. ("Repsol"), the movant, is a named defendant in a civil action (the "NJ Environmental Litigation") that was removed to this Court by Occidental Chemical Corporation ("OCC"), another named defendant in the NJ Environmental Litigation, as well as the Debtors' largest unsecured creditor. The instant adversary proceeding consists of the NJ...
OPINION RE MOTION OF HONEYWELL INTERNATIONAL, INC. FOR ACCESS TO RULE 2019 EXHIBITS KEVIN GROSS , U.S.B.J. Honeywell International, Inc. has moved for an order (the " Motion ") authorizing "any entity ... including Honeywell ... [to] access, inspect, copy and receive copies of ... any and all of the 2019 Exhibits filed with the Court in compliance with the 2019 Order or Bankruptcy Rule 2019." D.I. 32718-1 2. Honeywell, joined by Ford Motor Company (" Ford "), seeks access to...
OPINION 1 Sontchi , J. INTRODUCTION Pending before the Court is a motion filed by Kieran Wallace and Eamonn Richardson, the duly appointed and authorized Chapter 15 foreign representatives (the "Foreign Representatives") of Irish Bank Resolution Corporation Limited ("IBRC" or the "Debtor"), for entry of an order pursuant to 11 U.S.C. sections 542, 1521(a)(5) and 1521(a)(7) (the "Bankruptcy Code"), directing Yahoo! Inc. ("Yahoo") to turn over to the Foreign Representatives all...
OPINION ON CONFIRMATION 2 . KEVIN J. CAREY , UNITED STATES BANKRUPTCY JUDGE . "Will you walk into my parlor " said the spider to the fly; 3 "`Tis the prettiest little parlor that ever you did spy. The way into my parlor is up a winding stair, And I have many pretty things to show when you are there." "O no, no," said the little fly, "To ask me is in vain, For who goes up your winding stair can ne'er come down again." To put it into terms employed by the Equity Committee, the...
OPINION 1 D.I. 59, 61, 68 KEVIN J. CAREY , Bankruptcy Judge . Background AES Thames, L.L.C. (the "Debtor") owned and operated a coal-fired power plant located in Montville, Connecticut. P&M Brick, LLC ("P&M Brick") supplied limestone to the Debtor. On February 1, 2011 (the "Petition Date"), the Debtor filed a petition for relief under chapter 11 of the Bankruptcy Code. On January 23, 2012, the Debtor's case was converted to chapter 7. Charles M. Forman was appointed as Chapter 7...
OPINION 1 Brendan Linehan Shannon , Chief United States Bankruptcy Judge . Before the Court are Seegrid Corporation's ("Seegrid" or the "Company") objections to Claims 19, 20 and 21 (the "Claims"). The Claims were filed by Seegrid's former CEO, Mr. Anthony Horbal (or entities controlled by Mr. Horbal) and seek (i) payment for amounts alleged to be due under Mr. Horbal's employment agreement and (ii) reimbursement of costs relating to Mr. Horbal's use of Seegrid's aircraft on company...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW PURSUANT TO 28 U.S.C. 157(c)(1) AND FED. R. BANKR. P. 9033(a) Re: Docket Nos. 67, 68, 69, 70, 72, 73, & 74. LAURIE SELBER SILVERSTEIN , Bankruptcy Judge . Before the Court is Kirkland & Ellis LLP's ("Kirkland") motion for summary judgment 1 on each count set forth in the complaint 2 filed by the chapter 7 trustee (the "Trustee") of the above-captioned debtors (collectively, the "Debtors" or "Indalex") 3 on May 14, 2012. Because the...
OPINION OVERRULING OBJECTION TO CLAIM OF MARK R. MANGAN 2 BY: KEVIN J. CAREY , UNITED STATES BANKRUPTCY JUDGE . Before the Court is the Debtors' Eighth Omnibus (Substantive) Objection to Employee Claims (D.I. 2902) (the "Objection"), 3 which includes an objection to proof of claim number 1825 ("POC 1825" or the "Claim") filed by Mark R. Mangan ("Mangan"). Mangan filed POC 1825 as a priority claim under Bankruptcy Code 507(a)(4) for unpaid wages (severance pay) in the amount of $8,693....
OPINION 2 (Re: D.I. 8, 15, 25) KEVIN J. CAREY , Bankruptcy Judge . Continental Casualty Company and Transportation Insurance Company (collectively "CNA") filed an adversary complaint (the "Complaint") seeking to enforce the Asbestos PI Channeling Injunction that was established in the Debtor's confirmed plan of reorganization to prevent the Defendants from pursuing certain personal injury lawsuits brought against CNA in Montana state court (the "Montana Complaints" or the "Montana...
OPINION 2 (Re: D.I. 14). KEVIN J. CAREY , Bankruptcy Judge . Ralph Hutt and Carl Osborn (the "Plaintiffs") filed an adversary complaint (the "Adversary Complaint") seeking a declaratory judgment that their claims against Maryland Casualty Company ("MCC"), as set forth in a proposed complaint to be filed in Montana state court, attached as Exhibit A to the Adversary Complaint (the "State Court Complaint"), are not barred by the Asbestos PI Channeling Injunction that was established in...
OPINION 1 Related to Adv. Docket Nos. 26, 27, 34, 36, 38, 65, & 67 BRENDAN LINEHAN SHANNON , Chief Bankruptcy Judge . Before the Court is Fresh & Easy, LLC's (the "Debtor") motion to compel arbitration (the "Motion") under the Federal Arbitration Act ("FAA"). 2 The Debtor requests the Court to send the above-captioned matter to arbitration on an individual basis, expunge Diana Chan's ("Ms. Chan" or the "Plaintiff") purported class claims, and stay this adversary proceeding until...
OPINION 2 (D.I. 286, 384) KEVIN J. CAREY , Bankruptcy Judge . Before the Court is the Motion of Portland General Electric ("PGE") for Relief from Stay. (D.I. 286.) PGE moves that the stay be lifted so that it may initiate litigation against various debtor entities arising out of alleged breaches of a construction agreement between PGE and the Debtors 3 called the "Turnkey Engineering, Procurement & Construction Agreement for Carty Generating Station," (the "EPC Contract"). The EPC...
