THIRD MEMORANDUM ON "CONSOLIDATED ISSUES" TREATMENT OF MOTIONS FOR DISMISSAL IN TRUSTEE'S LITIGATION FOR AVOIDANCE AND RECOVERY: AVOIDABILITY AND ACTIONABILITY UNDER LAW AND IN EQUITY; ONE LAST ISSUE OF PLEADING. GREGORY F. KISHEL, Chief Judge. PREFACE This is the third (and last) memorandum of general rulings to be entered, as the basis for the disposition of pending motions for dismissal in a docket of adversary proceedings in these cases. This litigation was commenced to redress the...
SECOND MEMORANDUM ON "CONSOLIDATED ISSUES" TREATMENT OF MOTIONS FOR DISMISSAL IN TRUSTEE'S LITIGATION FOR AVOIDANCE AND RECOVERY: ADEQUACY OF PLEADING FOR TRUSTEE'S STANDING, DISCOVERY ALLOWANCE, AND FRAUD; OPERATION OF PONZI SCHEME PRESUMPTION GREGORY F. KISHEL, Chief Judge. PREFACE The origin and purpose of these memoranda were set forth in the preface to the first such in these cases [Dkt. No. 1951]. In brief, however: This memorandum is entered, to memorialize rulings on issues...
FIRST MEMORANDUM ON "CONSOLIDATED ISSUES" TREATMENT OF MOTIONS FOR DISMISSAL IN TRUSTEE'S LITIGATION FOR AVOIDANCE AND RECOVERY: STATUTE OF LIMITATIONS AND TIMELINESS OF SUIT GREGORY F. KISHEL, Chief Judge. PREFACE These bankruptcy cases were commenced after the collapse of the enterprise structure of Thomas J. Petters, a Minnesota-based business promoter. In early October, 2008, Tom Petters was arrested and charged with multiple fraud-based federal criminal offenses. The United States...
ORDER FOR JUDGMENT DISCHARGING STUDENT LOAN DENNIS D. O'BRIEN, Bankruptcy Judge. The above entitled matter was tried on January 29, 2013, on plaintiff Cynthia R. Mathieu's complaint seeking discharge of her student loan owed to defendant Educational Credit Management Corporation. Appearances are noted in the record. Based upon the pleadings, files, evidence received at trial, and arguments of counsel, the Court now makes this ORDER pursuant to the Federal and Local Rules of Bankruptcy...
MEMORANDUM OPINION AND ORDER ROBERT J. KRESSEL, Bankruptcy Judge. This adversary proceeding came on for trial on November 20, 2012. Matthew R. Burton appeared for the plaintiff. William P. Wassweiler and Karla M. Vehrs appeared on behalf of New Buffalo Auto Sales, LLC, and Palladium Holdings, LLC; Mychal A. Bruggeman appeared on behalf of Maurice J. Wagener and David J. Meyers appeared on behalf of GMAC Mortgage Corporation. This court has jurisdiction over this adversary proceeding...
MEMORANDUM AND OPINION KATHLEEN H. SANBERG, Bankruptcy Judge. This expedited motion came on for hearing on January 2, 2013. Flagship Franchises of Minnesota, LLC and Flagship Franchises of Minnesota, Inc. (collectively "the debtor") requested that the court determine that the appointment of a patient care ombudsman is not necessary here pursuant to 11 U.S.C. 333(a)(1). There were no objections. Edwin H. Caldie appeared on behalf of the debtor. Christopher J. Harayda appeared on behalf of...
REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT, AS TO COUNT TWO OF PLAINTIFF'S COMPLAINT Gregory F. Kishel , Chief United States Bankruptcy Judge . This adversary proceeding came before the undersigned bankruptcy judge on cross-motions for summary judgment on Count Two of the Plaintiffs amended complaint. The Plaintiff ("the Trustee") appeared personally and by his attorneys, Ralph V. Mitchell and Tyler D. Candee. The Defendant ("PNY") appeared by its attorneys, David J....
ORDER RE: TRUSTEE'S OBJECTION TO FILED CLAIMS OF PNY TECHNOLOGIES, INC. (CLAIMS NOS. 34 AND 188) GREGORY F. KISHEL , CHIEF UNITED STATES BANKRUPTCY JUDGE . PNY Technologies, Inc. ("PNY") filed two proofs of claim to these consolidated cases, designating them as for the case of Debtor Polaroid Corporation. The Trustee objected to PNY's claims and the objection came before the court for hearing. Trustee John R. Stoebner appeared personally and by his attorney, Tyler D. Candee. Attorneys...
ORDER GRANTING TRUSTEE'S MOTION FOR SUBSTANTIVE CONSOLIDATION GREGORY F. KISHEL, Chief Judge. INTRODUCTION In the 1990s and the early years of the 2000s, Thomas J. Petters was a large public presence in the business and social community of Minnesota. Through holding companies he acquired full or partial ownership of several prominent business operations, including Sun Country Airlines, the Polaroid Corporation, and the Fingerhut Companies. Through other entities in his enterprise structure,...
MEMORANDUM TO ORDER OF MARCH 29, 2013, GRANTING PLAINTIFFS' MOTION FOR ABSTENTION AND REMAND GREGORY F. KISHEL, Chief Judge. On March 29, 2013 this court entered an order granting the Plaintiffs' motion for abstention and remand. Via that order, certain of the requests for relief in this lawsuit were returned to the Minnesota State District Court for the Sixth Judicial District, St. Louis County, the judicial forum where suit was commenced. This memorandum sets forth the rationale for that...
