Chapter 7 OPINION 1 INTRODUCTION Charles A. Stanziale, Jr., Chapter 7 Trustee (the "Trustee") for Conex Holdings, LLC ("Holdings"), Conex International, LLC ("Conex"), and Advantage Blasting & Coating, Inc. ("ABC" and together with Holdings and Conex, the "Debtors") filed a complaint 2 against their parent company CopperCom, Inc. ("CopperCom" or the "Defendant") (i) seeking turnover of property pursuant to Bankruptcy Code Section 542, (ii) alleging breach of the implied covenant of good...
OPINION 1 KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE. Before the Court is an adversary complaint in which the United States of America, on behalf of the Internal Revenue Service (the "Government" or "IRS"), asks this Court to recharacterize or equitably subordinate certain secured notes issued in 1996 as part of a chapter 11 reorganization plan. The secured notes were issued to two classes of creditors and known as Series A Junior PIK Notes and Series B Junior PIK Notes. For the reasons...
Chapter 11 (Jointly Administered) OPINION 1 Sontchi, J. INTRODUCTION Before the Court is a motion filed by the Debtors 2 to enforce the Plan injunctions and to determine the Debtors' liability for certain employment taxes. Pursuant to the Debtors' Plan, the Debtors made distributions to employees on behalf of prepetition wages earned by those employees. As part of the distributions, the Debtors withheld various amounts from those distributions for federal taxes. After the distributions,...
Chapter 7 Reference Docket No.: 974 OPINION 1 Sontchi, J. INTRODUCTION Before the Court is a motion filed by a purchaser of certain properties to enforce a previously approved sale order. The sale, which occurred under 11 U.S.C. 363, was approved by the Court on July 5, 2007. 2 Unpaid county taxes have been asserted against the purchaser, and the purchaser is of the belief that the terms of the sale prohibit the county from seeking satisfaction of such amounts from the purchaser....
Chapter 7 OPINION 1 Sontchi , J. INTRODUCTION Before the Court is a motion for summary judgment filed by the defendant in a preference action seeking to recover transfers, pursuant to 11 U.S.C. sections 547 and 550. Defendant seeks summary judgment determining that the preferential transfers, if any, are not avoidable because they (i) were made in the ordinary course of business under section 547(c)(2)(A); and/or (ii) are barred by the Texas Construction Trust Fund Act. For the...
Chapter 11 Re: Dkt. No. 14076 OPINION REGARDING DEBTORS' MOTION PURSUANT TO BANKRUPTCY RULE 9019 APPROVING SETTLEMENT AGREEMENT BY AND AMONG NORTEL NETWORKS INC., THE SUPPORTING BONDHOLDERS, AND THE BANK OF NEW YORK MELLON WITH RESPECT TO THE NNI POST-PETITION INTEREST DISPUTE AND RELATED ISSUES KEVIN GROSS , UNITED STATES BANKRUPTCY JUDGE . The Court is deciding Debtors' Motion for Entry of an Order Pursuant to Bankruptcy Rule 9019 Approving Settlement Agreement by and Among Nortel...
Chapter 7 MEMORANDUM OPINION 1 Mary F. Walrath , United States Bankruptcy Judge . Before the Court are cross-motions for summary judgment on claims arising under the federal Worker Adjustment and Retraining Notification Act (the "WARN Act"). 2 The issue presented is whether Eclipse can invoke the "faltering company" or "unforeseeable business circumstances" exceptions to the WARN Act. The Court concludes that the unforeseeable business circumstances exception applies and, therefore,...
OPINION 1 Related to Adv. Docket No. 1, 8, 68, 167, 201, 205 BRENDAN LINEHAN SHANNON, Bankruptcy Judge. Before the Court is the Complaint [Adv. Docket No. 1] filed by Edward T. Gavin, Trustee of the UE Liquidating Trust, on behalf of the Estates of Ultimate Escapes Holdings, LLC ("Ultimate Escapes"), et al. 2 The Complaint states a claim for breach of fiduciary duty against Ultimate Escapes' former officer and director James M. Tousignant and former director Richard Keith (the "...
PETER J. WALSH, Judge. Dear Counsel: This is with respect to Travelers' Motion to Compel Discovery Responses and the Insufficiency of Answers and Objections to Request for Admission. (Doc. # 6712) I have briefly reviewed the motion to compel discovery. With respect to many of the objections, the Trustee states: The Trustee objects that Travelers' definition of SWEC includes entities other than Stone & Webster Engineering Corporation and, therefore, the Request to Admit is denied. (Doc. #...
PETER J. WALSH, Judge. Dear Counsel: Mr. D'Agostino's October 14, 2014 letter identifies three motions in limine. (Doc. # 6833) Mr. D'Agostino states: "The three motions in limine relate directly to the issues and evidence to be presented at trial, and are interrelated to each other. We submit that the Court presiding over trial should consider and decide these motions. Doing so will give the new trial judge an opportunity to familiarize himself or herself with the issues in the case and...
PETER J. WALSH, Judge. Dear Counsel: This is with respect to Travelers' Motion to Compel Discovery Responses and the Insufficiency of Answers and Objections to Request for Admission. (Doc. # 6712) I have briefly reviewed the motion to compel discovery. With respect to many of the objections, the Trustee states: The Trustee objects that Travelers' definition of SWEC includes entities other than Stone & Webster Engineering Corporation and, therefore, the Request to Admit is denied. (Doc. #...
PETER J. WALSH, Bankruptcy Judge. Dear Counsel: Mr. D'Agostino's October 14, 2014 letter identifies three motions in limine. (Doc. # 6833) Mr. D'Agostino states: "The three motions in limine relate directly to the issues and evidence to be presented at trial, and are interrelated to each other. We submit that the Court presiding over trial should consider and decide these motions. Doing so will give the new trial judge an opportunity to familiarize himself or herself with the issues in the...
MEMORANDUM OPINION PETER J. WALSH, Bankruptcy Judge. This opinion is with regard to Plaintiffs' Motion, Pursuant to 28 U.S.C. 157 (b)(3) and Del. Bankr. L.R. 5011-1, For the Entry of an Order Determining that Causes of Actions Under the Adversary Proceeding are Non-Core. (Doc. # 55.) For the reasons described below, the Court finds that causes of action in this adversary proceeding include core proceedings. Background The Complaint is 327 paragraphs long and covers ten separate counts....
Chapter 11 Re Dkt No. 134 OPINION KEVIN GROSS, U.S.B.J. INTRODUCTION On September 9, 2014 (the "Petition Date"), Trump Entertainment Resorts, Inc., and its affiliated Debtors, including Trump Taj Mahal Associates, LLC (the "Debtors") filed for bankruptcy pursuant to Chapter 11 of the Bankruptcy Code. The Debtors have now filed Debtors' Motion for Entry of an Order (I) Rejecting Collective Bargaining Agreement Between, Trump Taj Mahal Associates, LLC and UNITE HERE Local 54, Pursuant to 11...
OPINION 1 SONTCHI, J. INTRODUCTION Before the Court is a motion for summary judgment filed by creditor/defendant, Southern Steel & Supply, L.L.C., for a determination that six preferential transfers paid to it by the debtor, which constituted the totality of the parties' relationship, qualify for the ordinary course of business defense. The Chapter 7 trustee has filed a cross-motion for summary judgment, arguing that the creditor does not qualify for the ordinary course of business defense....
Chapter 7 OPINION 1 Sontchi, J. INTRODUCTION Before the Court is a motion for summary judgment filed by creditor/defendant, Southern Steel & Supply, L.L.C., for a determination that six preferential transfers paid to it by the debtor, which constituted the totality of the parties' relationship, qualify for the ordinary course of business defense. The Chapter 7 trustee has filed a cross-motion for summary judgment, arguing that the creditor does not qualify for the ordinary course of...
PETER J. WALSH, Judge. Dear Counsel: The pleadings and related documents in this case are voluminous, if not overwhelming. I do not know whether I will preside over the trial on the merits, but I would like to see if I can rule on the Travelers' Motion in Limine to Include "Loss Runs" in Evidence as a Summary of Underlying Business Records. (Doc. # 6706.) That Motion asserts the following: Claim File information was available to SWEC and has been available to the Trustee upon request. To...
Chapter 11 Re: Adv. Dkt. Nos. 41 and 43 MEMORANDUM OPINION KEVIN GROSS, U.S.B.J. Before the Court are identical motions for summary judgment filed by the defendants in this adversary proceeding, Knight Hawk Coal, LLC ("Knight Hawk") and Avoca Bement Corp. ("Avoca"; collectively the "Defendants"). 1 On September 5, 2013, Pirinate Consulting Group, LLC, as litigation trustee for the NP Creditor Litigation Trust (the "Trustee"), initiated this adversary proceeding against the Defendants...
MEMORANDUM OPINION PETER J. WALSH, Bankruptcy Judge. This opinion is with regard to the motions to dismiss filed by Defendants Donald J. Frickel, Robert A. Schmitz, Quest Turnaround Advisors LLC, Shearman and Sterling LLP, and Charles M. Forman as Chapter 7 Trustee of WorldSpace, Inc., et al . (hereinafter "Trustee"). (Doc. ## 11, 13 and 16.) The motions seeks to dismiss the verified derivative complaint (the "Complaint") filed by Mathewkutty Sebastian ("Plaintiff") on three grounds: lack of...
Chapter 11 Related to Adv. Docket Nos. 10, 19, 21, 35, 39, 40, 47, 52, 54, 58. OPINION 2 Brendan Linehan Shannon, Chief United States Bankruptcy Judge Before the Court is Defendant First American Title Insurance Company's ("First American") Motion to Dismiss the First Amended Complaint, or in the Alternative, to Abstain (the "Motion") [Adv. Docket No. 39]. Longview Power Company, LLC ("Longview") initiated this adversary proceeding against First American with the filing of a Complaint [...
