The debtor is a securities broker/dealer. In arbitration involving certain employees to establish "control person liability," the employees are entitled to automatic stay protection under § 362(a)(3) due to their close identity with the debtor.
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
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Trial evidence established that a scheduled debt was an account receivable due from a related entity. The non-debtor joint seller of real estate was not sanctioned because the seller did attempt to execute the sale documents by the court's deadline.
An insurer who filed a pre-petition declaratory judgment action against the debtor in New York could obtain relief from the automatic stay for cause to move forward with that lawsuit because it involves non-core state law contract interpretation.
The debtor lacked sufficient equity in his home to secure any part of the second and third liens on the property. Under Nobelman v. American Savings Bank and In re Sanders, the Chapter 13 plan may modify the lienholder's rights and strip off the liens.
The Secretary of Labor filed this minimum-wage lawsuit in federal district court. When a defendant filed bankruptcy, the lawsuit came to bankruptcy court. Because it involves an exercise of regulatory powers, it should be heard in district court.
Debtor's request for TRO to prevent a creditor from enforcing an order for stay relief was denied because success on the merits was questionable and because the public interest would be harmed if contracts and court orders weren't reliably enforced.
The holder of a blanket lien on assets authorized a subsequent lender to file U.C.C. termination statements which rendered its financing statements ineffective and caused it to lose its lien priority vis-à-vis the trustee and junior lienholders.
A temporary order in the parties' marital dissolution case directed debtor to pay a portion of the children's medical and daycare expenses and half the cost of a custody evaluation. Those amounts are in the nature of support and are not dischargeable.
Claim for damages for delay in closing real estate sale was denied because the trustee timely assumed the contract and acted promptly to complete closing. A proof of claim on a stock sale was prima facie valid, with no substantial evidence to rebut it.
The solvent debtor's Chapter 11 plan was not confirmed because, inter alia, it contained inconsistencies regarding impaired claims, it did not comport with a B.A.P. decision in the case, and it did not provide for post-petition interest on claims.