River Rd. Hotel Partners, LLC v. Amalgamated Bank, 2011 U.S. App. LEXIS 13131 (June 28, 2011)

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Fri, 05 Aug 2011 15:22:00 -0400

LexisNexis Overview: Bankruptcy court did not err in denying confirmation of Chapter 11 debtors' plans on the basis that they did not comply with the specific requirements of 11 U.S.C.S. § 1129(b)(2)(A)(ii) because debtors could not sell encumbered assets free and clear of liens without allowing the secured creditors to bid their credit at the asset auctions.

Counsel: For In the Matter of: RIVER ROAD HOTEL PARTNERS, LLC, RIVER ROAD EXPANSION PARTNERS, LLC, Debtor - Appellants: David M. Neff , Attorney, PERKINS COIE, Chicago, IL.

For AMALGAMATED BANK, Appellee: John W. Costello , Attorney, WILDMAN, HARROLD, ALLEN & DIXON LLP, Chicago, IL; Adam A. Lewis , Attorney, MORRISON & FOERSTER LLP, San Francisco, CA.

For UNITED STATES TRUSTEE, Trustee: United States Trustee, Attorney, OFFICE OF THE UNITED STATES TRUSTEE, Chicago, IL.

For LOAN SYNDICATIONS AND TRANDING ASSOCIATION, Amicus Curiae: Craig Goldblatt , Attorney

Stern v. Marshall, 2011 U.S. LEXIS 4791 (Jun. 23, 2011)

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Thu, 23 Jun 2011 13:49:00 -0400

LexisNexis Core Terms: counterclaim, final judgment, public rights, bankruptcy proceedings, plurality opinion, proof of claim, adjudicate, judicial power, delegation, defamation claim, quotation marks omitted, adjunct, bankruptcy estate, jurisdictional, common law, bankruptcy case, private right, adjudicatory authority, tribunal, tenure, broker, Bankruptcy Act, tortious interference, personal injury tort, defamation, allowance, withdraw, particularized, fraudulent, customer

Judges: ROBERTS, C. J., delivered the opinion of the Court, in which SCALIA, KENNEDY, THOMAS, and ALITO, JJ., joined. SCALIA, J., filed a concurring opinion. BREYER, J., filed a dissenting opinion, in which GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined.

OPINION BY: ROBERTS

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Judges: THOMAS, J., delivered the opinion of the Court, in which STEVENS, SCALIA, KENNEDY, ALITO, and SOTOMAYOR, JJ., joined. GINSBURG, J., filed a dissenting opinion, in which ROBERTS, C. J., and BREYER, J., joined. OPINION BY: THOMAS

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Northern Pipeline Construction Company v. Marathon Pipe Line Company, 458 U.S. 50 (June 28, 1982)

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Thu, 03 Jun 2010 12:01:00 -0400

LexisNexis Overview: The Bankruptcy Act of 1978's assignment of jurisdiction to bankruptcy courts of all civil proceedings arising under or related to cases filed under Title 11 was found to have violated art. III of the United States Constitution.

Counsel: John L. Devney argued the cause for appellant in No. 81-150. With him on the briefs was Jeffrey F. Shaw. Solicitor General Lee argued the cause for the United States in both cases. With him on the briefs were Assistant Attorney General McGrath, Deputy Solicitor General Shapiro, Alan I. Horowitz, William Kanter, and Michael F. Hertz.

Melvin I. Orenstein argued the cause for appellee Marathon Pipe Line Co. With him on the brief were Charles S. Cassis, John E. Compson, and Kenneth J. Orlowski.

Briefs of amici curiae urging reversal were filed by Louis W. Levit for the Commercial Law League of America; and by Helen Davis Chaitman, Joel B. Zweibel, Theodore Gewertz, and

In re Philadelphia Newspapers, LLC, 2010 U.S. App. LEXIS 5805 (3d Cir. Mar. 22, 2010)

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Fri, 28 May 2010 15:37:00 -0400

LexisNexis Overview: Because Chapter 11 debtors were proceeding to sell assets free and clear under 11 U.S.C.S. § 1129(b)(2)(A)(iii), secured lenders had no right to credit bid at the auction sale of the collateral; thus, the district court's reversal of the bankruptcy court's holding that the lenders had to be allowed to credit bid was affirmed.

Counsel: David F. Abernethy, Andrew J. Flame, Andrew C. Kassner, Alfred W. Putnam, Jr. (Argued), Drinker, Biddle & Reath, Philadelphia, PA, Counsel for Appellant/Cross Appellee Citizens Bank of Pennsylvania.

Alex Freeman, Fred S. Hodara, Abid Qureshi (Argued), Akin, Gump, Strauss, Hauer & Feld, New York, NY; L. Rachel Helyar, Akin, Gump, Strauss, Hauer & Feld, Los Angeles, CA, Counsel for Appellant / Cross Appellee Steering Group of Prepetition Secured Lenders.

Kerry A. Brennan, Rick B. Antonoff, Pillsbury, Winthrop, Shaw & Pittman, New York, NY; Elliot Ganz, Loan

Bank of New York Trust Co., NA v. Official Unsecured Creditors' Committee (In re Pacific Lumber Co.), 2009 U.S. App. LEXIS 21749 (Sept. 29, 2009)

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Fri, 28 May 2010 15:00:00 -0400

Counsel: For BANK OF NEW YORK TRUST COMPANY NA, as Indenture Trustee for the Timber Notes, Appellant: Oscar Rey Rodriguez, Toby L. Gerber, Fulbright & Jaworski, L.L.P., Dallas, TX; R Andrew Black, Zack A. Clement, Fulbright & Jaworski, L.L.P., Houston, TX; Roy Theodore Englert, Jr., Robbins, Russell, Englert, Orsek & Untereiner, Washington, DC.

For ANGELO GORDON & CO LP, AURELIUS CAPITAL MANAGEMENT LP, AND DAVIDSON KEMPNER CAPITAL MANAGEMENT LLC, Appellant: Isaac M. Pachulski, Jeffrey H. Davidson, Eric D. Winston, Stutman, Treister & Glatt, Los Angeles, CA.

For

In re Atlas Computers, Inc., 2010 Bankr. LEXIS 1434 (Apr. 29, 2010)

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Tue, 25 May 2010 16:09:00 -0400

LexisNexis Overview: Creditors' claim against a corporate debtor was disallowed where the claim was based upon an allegation that employees and agents of the debtor committed fraud against the creditors and converted their assets, as release of the employees and agents by operation of state law operated as a full release of the creditors' claim against the debtor.

Counsel: For Atlas Computers, Inc., Owasso, OK, fdba, Advanced Networking Systems, Inc., fdba, Atlas Internet Solutions, fdba, Atlas Wireless Solutions, Debtor: Mark A. Craige, Morrel Saffa Craige, PC, Tulsa, OK.

For Steven W. Soule, Hall, Estill, Hardwick, Gable, et al., Tulsa, OK. Trustee: Steven W. Soule, Hall, Estill, Hardwick, Gable, et al., Tulsa, OK.

Judge: Terrence L. Michael, United States Bankruptcy Judge..

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Non-subscribers can view the free, unenhanced version of Genuine issue of material fact existed as to whether a husband received fair consideration for $ 45,000 his wife transferred to the husband's stepmother under a property settlement agreement which precluded the court from granting summary judgment on a Chapter 7 trustee's claims that the transfer was avoidable under 11 U.S.C.S. §§ 547 and 548.

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In re Landamerica Financial Group, Inc., 2009 Bankr. LEXIS 940

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Wed, 13 May 2009 17:26:00 -0400

Property which a Chapter 11 debtor held in segregated accounts for a former customer that was involved in exchanging property under 26 U.S.C.S. § 1031 was not held in trust at the time the debtor declared bankruptcy, and it was not excluded from the debtor's bankruptcy estate under 11 U.S.C.S. § 541(d).

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Chapter 7 trustee was allowed to avoid interests in two parcels of real property a debtor transferred to a trust for the benefit of his wife as part of a divorce settlement, as preferential transfers to an insider under 11 U.S.C.S. § 547, and to recover both parcels from the debtor's ex-wife under 11 U.S.C.S. § 550 for debtor's bankruptcy estate.

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In re Boyajian, 2009 U.S. App. LEXIS 9607

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Wed, 13 May 2009 17:22:00 -0400

Bankruptcy court erred in granting summary judgment for debtors because, assuming creditor was recipient of general assignment of default judgment against debtors, it could stand in shoes of assignor and pursue nondischargeability action under 11 U.S.C.S. § 523(a)(2)(B), based on materially false written statements intended to deceive assignor.

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The Travelers Indemnity Company, et al. v. Pearlie Bailey, et al., 2009 U.S. LEXIS 4537

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Tue, 31 Mar 2009 07:21:00 -0400

Bankruptcy injunction barring actions against insurers of the bankruptcy debtor's asbestos liability applied to preclude claims that the insurers concealed the dangers of asbestos, since the claims clearly related to the insurers' coverage of the asbestos liability and the injunction was not limited to actions based on the debtor's liability.

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Florida Dept. of Revenue v. Piccadilly Cafeterias, 128 S. Ct. 2326 (2008)

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Thu, 22 May 2008 14:55:00 -0400

A debtor could not rely on 11 U.S.C.S. § 1146(a) to avoid a state revenue department's stamp taxes because the debtor had transferred its assets before its Chapter 11 plan was confirmed by the bankruptcy court; 11 U.S.C.S. § 1146(a) did not apply to pre-confirmation transfers.

Lexis.com subscribers can view the enhanced version of Florida Dept. of Revenue v. Piccadilly Cafeterias.

City was potentially entitled to utilize 11 U.S.C.S. § 365 to reject executory collective bargaining agreements with public employee unions because it was authorized under Cal. Gov’t. Code § 53760 to file a chapter 9 petition. State labor laws applicable outside of bankruptcy context were preempted.

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United States v. Atl. Research Corp., 551 U.S. 128 (2007)

BankruptcyLaw@lnstaff.com (LexisNexis Bankruptcy Law Community Staff) — Thu, 22 May 2008 14:55:00 -0400

Lessee that performed work for the federal government at a Department of Defense facility could bring an action under 42 U.S.C.S. § 9607(a) of CERCLA to recover costs of cleaning up contamination at the site; any private party, including a potentially responsible party, could bring a cost recovery action under § 9607(a)(4)(B).

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In re Landamerica Financial Group, Inc., 2009 Bankr. LEXIS 940

In re Boyajian, 2009 U.S. App. LEXIS 9607

The Travelers Indemnity Company, et al. v. Pearlie Bailey, et al., 2009 U.S. LEXIS 4537

Florida Dept. of Revenue v. Piccadilly Cafeterias, 128 S. Ct. 2326 (2008)

United States v. Atl. Research Corp., 551 U.S. 128 (2007)

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