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Tag Archives: Bankruptcy

Trustee’s interpretation of settlement agreement affirmed (access required)

Where a settlement agreement was clear and unambiguous and not reasonably susceptible to the interpretation urged by one of the parties, the bankruptcy court’s decision, which adopted the interpretation urged by the trustee, was affirmed. Background This case concerns the ...

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Farmer’s petition dismissed after multiple unsuccessful plans (access required)

Where a farmer’s four reorganization plans included unreliable and inaccurate projections will not have an opportunity to submit a fifth plan. Background Dale W. Akers’ filed a voluntary petition under Chapter 12 on May 3, 2017. His  farming operations include ...

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Debtor’s adversary proceeding commenced too late (access required)

Where the government began recoupment proceedings in 2008 against a debtor  discharged from the Air Force because she was lesbian in order to recover funds expended on her behalf under the ROTC program, her 2017 challenge to recoupment proceedings was ...

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Sale of estate to auctioneer’s own company not ‘inherently unfair’ (access required)

Although the auctioneer’s own company placed the winning bid on the real property, the sale was not “inherently unfair” because the advertising for the auction, the bidding process and the actual bidding were conducted at arm’s length. However, because the ...

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