CINCINNATI – A panel of the Sixth Circuit U.S. Court of Appeals on May 8 ruled that a bankruptcy court properly denied a claim made by creditors who were not “clear” about their claim and on grounds that they improperly asserted a new claim in addition to their original case against the bankruptcy estate (Alison Gordon, et al. v. Official Committee of Unsecured Creditors [In Re: Royal Manor Management Inc.], No. 09-4432, Chapter 11, 6th Cir.; 2012 U.S. App. LEXIS 9451). Continue reading
3rd Circuit: Barton Doctrine Valid; Bankruptcy Court Right To Allow Lawsuit
PHILADELPHIA – A panel of the Third Circuit U.S. Court of Appeals on May 4 ruled that the Barton doctrine applied to Chapter 7 bankruptcy cases and held that a bankruptcy court properly determined that an interested party could proceed with a state court lawsuit against the trustee based on an agreement to sell certain properties that were part of the bankruptcy estate (In Re: VistaCare Group LLC, No. 11-2695, Chapter 7, 3rd Cir.; 2012 U.S. App. LEXIS 9147). Continue reading
4th Circuit Says Claim Was Time-Barred, Vacates Ruling On Damages
RICHMOND, Va. – In an unpublished opinion, the Fourth Circuit U.S. Court of Appeals on April 30 reversed a ruling, finding that the plaintiffs' West Virginia Uniform Fraudulent Transfer Act (WVUFTA) claim based on a corporation's drawdown on its line of credit and purchase of annuities was time-barred, and vacated the denial of a motion to increase a damage award (Joseph LaRosa, et al. v. Virgil D. LaRosa, et al., No. 11-1234, Chapter 7, 4th Cir.; 2012 U.S. App. LEXIS 8777). Continue reading
11th Circuit Reverses, Rules Lien On Debtor’s Property Void
ATLANTA – A panel of the 11th Circuit U.S. Court of Appeals on May 11 reversed and remanded a case and concluded that a lien on a debtor's property was void (Lorraine McNeal v. GMAC Mortgage LLC [In Re: Lorraine McNeal], No. 11-11352, Chapter 7, 11th Cir.; 2012 U.S. App. LEXIS 9589). Continue reading
11th Circuit: Debtor’s Action Against Employer Lacks Standing; Dismissal Affirmed
ATLANTA – A panel of the 11th Circuit U.S. Court of Appeals on May 2 ruled that a debtor's employment discrimination claim was properly dismissed because the only party with standing to pursue that action is the bankruptcy trustee (Zinnia I. Chen v. Siemens Energy Incorporated, No. 11-14372, Chapter 7, 11th Cir.; 2012 U.S. App. LEXIS 8936). Continue reading
11th Circuit Rules Creditors Failed To Demonstrate Debt Was Not Dischargeable
ATLANTA – A panel of the 11th Circuit U.S. Court of Appeals on May 4 ruled that a bankruptcy court properly concluded that a debtor's obligation to certain creditors was dischargeable because the creditors failed to show that it was nondischargeable under the Bankruptcy Code (Larry Gregory, et al. v. Ricky Leonard Beard [In Re: Ricky Leonard Beard], No. 11-14879, Chapter 7, 11th Cir.; 2012 U.S. App. LEXIS 9154). Continue reading
District Court Reverses Bankruptcy Court’s Grant of Leave to File a Late Claim and Remands for Further Proceedings Regarding Whether Appellees Met the…
Hayes Lemmerz International v. Emmons (In re Hayes Lemmerz International, Inc.), Case No. 09-11655 (MFW), Civ. No. 11-143-SLR (April 9, 2012) (J. Robinson) Read More… Continue reading
New Jersey Supreme Court Holds That New Jersey Fair Foreclosure Act Requires Strict Compliance When Issuing Notice of Intent to Foreclose
On February 27, 2012, the New Jersey Supreme Court issued a landmark decision in the case of U.S. Bank N.A. v. Guillaume, No. 068176, 2012 N.J. LEXIS 162 (N.J. Feb. 27, 2012). The Guillaume decision resolved a split of authority at the appellate level Read More… Continue reading
Bankruptcy Court Reiterates that Assumption and Assignment of an Executory Contract is Protection from Preference Claims
In re Carolina Fluid Handling Intermediate Holding Corp.(Giuliano v. Almond Investment Co.), Case No. 09-10384 (CSS) (March 14, 2012) (J. Sontchi) Read More… Continue reading
GrayRobinson’s Ivan J. Reich Sworn in as President of Commercial Law League of America
Fort Lauderdale, FL (May 15) Shareholder Ivan J. Reich, of the Fort Lauderdale office of GrayRobinson, P.A. , was sworn in as president of the Commercial Law League of America (CLLA) on Saturday, May 5 at the 80 th Annual CLLA Chicago/Spring Meeting. Founded in 1895, the CLLA is the nation's oldest organization of attorneys, collection agencies, judges, accountants, trustees, turnaround managers and other credit and finance experts working in the commercial law, bankruptcy and insolvency field. “We are proud of Ivan's continued dedication to the Commercial Law League of America,” said GrayRobinson President Byrd. F. “Biff” Marshall, Jr.
