RIVERSIDE, Calif. - The California Public Employees' Retirement System (CalPERS) on June 3 filed a status report in the Chapter 9 bankruptcy of the City of San Bernardino, Calif., in which it claims that "it appears that the bankruptcy case was filed improperly for the purpose of delay" (In Re: City of San Bernardino, Calif., No. 12-28006, Chapter 9, C.D. Calif. Bkcy.).
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on June 4 ruled that damages awarded as the result of fraud in a business arrangement were not dischargeable in the personal bankruptcy of man who held a 50 percent stake in the company that committed the fraud (SG Homes Associates LP v. Michael J. Marinucci, No. 12-1621, Chapter 11, 4th Cir.; 2013 U.S. App. LEXIS 11176).
CORPUS CHRISTI, Texas - Barclays Capital Inc. was adequately compensated for the 14 months of financial advisory services it provided in ASARCO LLC's bankruptcy case and is not entitled to a fee enhancement because Barclays should have anticipated the complicated developments in the case when it was hired, a Texas federal bankruptcy judge held May 30 in taking away a previously approved $975,000 fee enhancement award on remand (In re: ASARCO LLC, et al., No. 05-21207, S.D. Texas Bkcy.).
LOS ANGELES - Joseph Francis, the founder of bankrupt GGW Brands LLC, the parent company of the maker of adult videos carrying the name "Girls Gone Wild," on June 3 filed a statement that the appeal of the order that authorized the trustee to file a voluntary Chapter 11 petition for GGW Marketing LLC should be heard in the district court because he does not consent to the jurisdiction of the U.S. Bankruptcy Appellate Panel (BAP) for the Central District of California (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).
NEW YORK - The Second Circuit U.S. Court of Appeals on June 3 affirmed a district court's ruling determining that allegations of fraudulent conveyances by directors of a bankrupt company were the property of the bankruptcy trustee, not individual investors in the debtor company (D. Kent Sissel, et al. v. Maxine Eimicke, et al., No.12-952, Chapter 11, 2nd Cir.; 2013 U.S. App. LEXIS 11059).
NEW YORK - Bankrupt MF Global Holdings Ltd.(MFGH) and Bank of America on May 31 stipulated to an agreement in a federal bankruptcy court in New York in which the bank will be allowed to make an unsecured claim for $4 million against MFGH (In Re: MF Global Holdings Ltd., No. 11-15059, Chapter 11, S.D. N.Y. Bkcy.).
BOSTON - All federal and state personal injury and wrongful death lawsuits against New England Compounding Pharmacy and related entities and persons on May 31 were ordered transferred into a federal bankruptcy court, but state court cases that don't name the bankrupt defendant can stay where they are for now (In Re: New England Compounding Pharmacy, Inc., Products Liability Litigation, MDL Docket No. 2419, No. 1:13-md-2419, D. Mass.).
FORT LAUDERDALE, Fla. - The lender that holds a $25 million first mortgage on the former mansion of designer Gianni Versace on May 30 filed a brief arguing that it has standing to object to the agreement entered into by the trustee in the Chapter 11 bankruptcy of Rothstein Rosenfeldt Adler (RRA) regarding the sale of the property (In Re: Rothstein Rosenfeldt Adler, No. 09-34791, Chapter 11, S.D. Fla. Bkcy.).
HOUSTON - Creditor Statoil USA E&P on May 31 filed a brief objecting to a motion by bankrupt ATP Oil & Gas Corp. (ATP) that seeks approval of bidding procedures in its Chapter 11 proceeding, arguing that ATP has failed to post supplemental bond for more than $87.62 million related to deep-water drilling assets ATP is attempting to sell (In Re: ATP Oil & Gas Corporation, No. 12-36287, Chapter 11, S.D. Texas Bkcy.).
WILMINGTON, Del. - The attorney for the longtime future claimants' representative (FCR) in W.R. Grace and Co.'s bankruptcy case will now represent the claimants following the death of the FCR, a federal bankruptcy judge in Delaware ruled May 30 (In re: W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.).
PITTSBURGH - Seven days after issuing final rulings confirming the plan of reorganization for Chapter 11 debtor Pittsburgh Corning Corp. (PCC), Pennsylvania federal Bankruptcy Judge Judith K. Fitzgerald, who is retiring from the bench, on May 31 transferred the case to another bankruptcy judge (In re: Pittsburgh Corning Corporation, No. 00-22876, W.D. Pa. Bkcy.).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 proceeding of AMR Corp., the parent company of American Airlines Inc., on May 31 ruled that the Federal Aviation Administration has allowed claims of more than $20 million against AMR and its affiliates (In Re: AMR Corp., No.11-15463, Chapter 11, S.D. N.Y. Bkcy.).
WASHINGTON, D.C. - A Chapter 7 debtor who asserts that a financial charge that was levied against his residential property should not be permitted because of the homestead exemption on May 29 filed an additional brief in the U.S. Supreme Court arguing that only the high court can solve the split that exists among circuit courts regarding the applicability of the exemption in question (Stephen Law v. Alfred Siegel, No. 12-5196, U.S. Sup.).
NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on May 29 ruled that an affiliate of bankrupt The Great Atlantic & Pacific Tea Co. Inc. did not violate its lease by failing to get consent from its landlord to sublet part of its storefront to another business (Gator Monument Partners v. The Great Atlantic & Pacific Tea Company Inc. $(In Re: The Great Atlantic & Pacific Tea Company Inc.$), No. 12-3466, Chapter 11, 2nd Cir.; 2013 U.S. App. LEXIS 10741).
RIVERSIDE, Calif. - Creditor National Public Finance Guarantee Corp. on May 30 filed a brief opposing the motion of the California Public Employees' Retirement System (CalPERS) that seeks to disqualify a law firm in the Chapter 9 bankruptcy of the City of San Bernardino, Calif., on grounds that the firm switched sides in what parties it now represents. National contends that disqualification is warranted only in the "most extreme" cases (In Re: City of San Bernardino, Calif., No. 12-28006, Chapter 9, C.D. Calif. Bkcy.).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 bankruptcy case of former law firm Dewey & LeBoeuf on May 30 approved a settlement valued at more than $19.5 million reached among the Dewey & LeBoeuf Liquidation Trust, XL Specialty Insurance Co. and Steven H. Davis, which resolves all claims held by the Liquidation Trust against Davis and XL (In Re: Dewey & LeBoeuf, No. 12-12321, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - General Electric Capital Corp. (GECC) on May 29 moved in the U.S. Bankruptcy Court for the Southern District of New York for relief from the automatic stay in the Chapter 11 proceeding of Eastman Kodak Co. in order to pursue collection of more than $1.34 million in contract fees and damages pertaining to an aviation lease agreement between the parties (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
WILMINGTON, Del. - Kinetic Systems Inc., a creditor of bankrupt alternative energy company Solyndra LLC, on May 29 moved in the U.S. Bankruptcy Court for the District of Delaware for a ruling that it could pursue collecting on $785 million in mechanics liens it holds against Solyndra (In Re: Solyndra LLC, No. 11-12799, Chapter 11, D. Del. Bkcy.).
NEW YORK - A group of investors on May 29 made a $275 million offer to buy bankrupt K-V Discovery Solutions Inc. (In Re: K-V Discovery Solutions Inc., No. 12-13346, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - Bankrupt compounding pharmacy K-V Discovery Solutions Inc. on May 28 moved in New York federal bankruptcy court for approval of a $3 million settlement of claims asserted by the State of Texas related to alleged overpricing of medication (In Re: K-V Discovery Solutions Inc., No. 12-13346, Chapter 11, S.D. N.Y. Bkcy.).
NEW ORLEANS - The Firefighters Pension & Relief Fund of the City of New Orleans (FPRF) on May 24 filed a class action against the directors and officers of bankrupt ATP Oil & Gas, alleging that they violated securities laws by providing misleading information before filing for Chapter 11 bankruptcy (Firefighters Pension & Relief Fund of the City of New Orleans v. T. Paul Bulmahn, et al., No. 13-03935, E.D. La.).
NEW YORK - Bankrupt Arcapita Bank B.S.C. on May 28 moved in the U.S. Bankruptcy Court for the Southern District of New York for authorization to obtain an additional $175 million in post-petition financing, also called debtor-in-possession (DIP) financing, that would be used as replacement financing to repay existing DIP financing (In Re: Arcapita Bank, No. 12-11076, Chapter 11, S.D. N.Y. Bkcy.).
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on May 24 affirmed a bankruptcy court's ruling and said assets the trustee claimed were fraudulently transferred could not be recovered (Grayson Consulting Inc. v. Wachovia Securities $(In Re: Derivium Capital LLC$), No. 12-1518, Chapter 7, 4th Cir.; 2013 U.S. App. LEXIS 10529).
NEW YORK - Bankrupt Eastman Kodak Co. on May 24 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York arguing that the bankruptcy court should not allow a $258,968.43 administrative expense claim asserted by a firm Kodak hired to provide services related to underlying patent litigation because the firm failed to perform its duties under the contract (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on May 28 reversed and remanded a bankruptcy court's ruling and determined that a creditor was entitled to have a $226,000 judgment she owes set off by her claim against the debtor's bankruptcy estate (Sally Ogden v. Ronald Ian Chorches $(In Re: Bolin & Co. LLC$), No. 12-1310, Chapter 7, 2nd Cir.; 2013 U.S. App. LEXIS 10614).