A company lost its motion to withdraw a reference from bankruptcy because its litigation conduct suggested it shifted the dispute from forum to forum to stave off foreclosure as long as possible. Background This matter is before the court on ...

Tagged with: Bankruptcy Judge Elizabeth K. Dillon U.S. District Court - Western District

Where an attorney who engaged in prepetition litigation efforts on behalf of the debtor did not provide written notice to the opposing parties prior to the filing of the bankruptcy petition, he has no lien nor could he claim a ...

Tagged with: Bankruptcy Judge Michael F. Urbanski U.S. District Court - Western District

Even if a jury trial was allowed in the adversary proceeding where a video-trial had been scheduled, the defendants waived their right to such trial by not filing a timely motion to withdraw the reference. Further, despite the defendants’ request ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens U.S. Bankruptcy Court

A party that was not aggrieved by the bankruptcy court’s order because it lacked a pecuniary interest in its outcome lacked standing to appeal the denial of that order. Background Mar-Bow appeals several orders of the bankruptcy court. The orders ...

Tagged with: Bankruptcy Judge David J. Novak U.S. District Court - Eastern District

Where a bankruptcy court’s order did not resolve the issues involving real property and only provided a “roadmap” of what might occur if the debtor did not follow through with certain conduct, the order was not appealable. The plaintiff’s motion ...

Tagged with: Bankruptcy Judge Jackson L. Kiser U.S. District Court - Western District

Where the facts necessary to resolve the defendant’s affirmative defense based on release were not clearly pleaded in the complaint, its motion to dismiss was denied as premature. Background Before the court is a motion to dismiss filed by UPS ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

With businesses closed, employees furloughed and sales plummeting, there will almost certainly be an increase in bankruptcy filings as a result of the pandemic. But with the recent outpouring of federal financial support, attorneys say the uptick in “COVID-caused” bankruptcy ...

Tagged with: Bankruptcy Business Coronavirus

Where the substitute trustee’s sale of real property failed to comply with provisions required by the deeds of trust, the foreclosure sale was invalid, so that, when the substitute trustee recorded the deed, she violated the automatic stay. The amount ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens U.S. Bankruptcy Court

The Pier I debtors anticipated confirming their plan within 66 days from the Feb. 17, 2020, petition date, but those plans have been impacted by the COVID-19 pandemic, as they have been ordered to close their stores to customers and ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens U.S. Bankruptcy Court

The case of first impression held that despite a bankruptcy code section providing that exempt property cannot be used to satisfy a debtor’s prepetition debts, the tax code makes clear the government’s right to set-off a tax overpayment against a ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Barbara Milano Keenan