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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. 03-92677
Regular Panel Decision

Enron Corp. v. J.P. Morgan Securities Inc.

Enron filed a motion for reargument under Bankruptcy Rule 9023, seeking reconsideration of a May 2, 2006 opinion that denied its motion to amend its complaint to add Lehman Brothers Japan, Inc. as a defendant. Enron argued that the court overlooked Lehman's misrepresentation regarding named defendants, which constituted concealment under Rule 15(c)(3). The court found that Enron had sufficient information to name Lehman Japan and that its reliance on Lehman's statement was not reasonable. The court also denied considering new arguments raised by Enron as they were not timely. Ultimately, the court denied Enron's request for relief under Rule 9023, concluding that no material facts were overlooked, new arguments were untimely, and no manifest injustice occurred.

Bankruptcy Rule 9023Federal Rules of Civil Procedure 15(c)(3)Relation-Back DoctrineAmendment of ComplaintMistake in IdentityConcealmentMisrepresentationReasonable RelianceEquitable TollingFraudulent Concealment
References
19
Case No. No. 06-03609, No. 06-03654
Regular Panel Decision

Padilla v. Wells Fargo Home Mortgage, Inc. (In Re Padilla)

This case addresses how the Bankruptcy Code and Federal Rules of Bankruptcy Procedure affect a mortgage lender's right to collect 'Reimbursable Expenses' in Chapter 13 bankruptcy cases. The Court examined the collection of such expenses both pre- and post-confirmation of a Chapter 13 plan. It held that Bankruptcy Rule 2016(a) governs the collection of these expenses by mortgage lenders in Chapter 13 cases, both pre and post-confirmation. The Court determined that while Section 506(b) limits pre-confirmation expenses for oversecured creditors, it does not apply post-confirmation. Furthermore, the Court found that failure to comply with Rule 2016(a) or the imposition of unauthorized expenses would entitle a debtor to relief, but that such conduct does not violate the automatic stay. The cross-motions for partial summary judgment were denied due to insufficient evidence regarding actual collection of disputed charges.

Bankruptcy LawChapter 13Mortgage ServicingReimbursable ExpensesAttorney FeesBankruptcy ProcedureRule 2016(a)Section 506(b)Plan ConfirmationAutomatic Stay
References
86
Case No. No. 75 B 1735
Regular Panel Decision
Dec 21, 1976

In Re WT Grant Co.

This case from the U.S. District Court, S.D. New York, addresses three appeals related to the bankruptcy estate of W. T. Grant Company. Paul S. Berger, Trustee, and other plaintiffs-appellants challenged a Bankruptcy Court order dismissing their amended complaint. They also appealed the denial of their motions for a nunc pro tunc extension to file a notice of appeal and for reconsideration of that denial. District Judge Irving Ben Cooper granted the defendant trustee Charles G. Rodman's motion to dismiss the plaintiffs' initial appeal, ruling it was untimely filed 18 days after the Bankruptcy Court's order, exceeding the 10-day limit with a 30-day absolute maximum. The court affirmed the Bankruptcy Court's subsequent denials of the extension and reconsideration motions, emphasizing the strict interpretation of Bankruptcy Rules 801, 802, and 803 to ensure the expeditious and final administration of bankrupt estates.

Bankruptcy AppealTimelinessNotice of AppealExcusable NeglectJurisdictional DefectBankruptcy Rules 801Bankruptcy Rules 802Bankruptcy Rules 803Finality of OrdersTrustee in Bankruptcy
References
10
Case No. 06cv4006, 06cv7877
Regular Panel Decision

Official Committee of Unsecured Creditors of Tower Automotive v. Debtors

The Official Committee of Unsecured Creditors appealed two Bankruptcy Court decisions approving settlements between debtor Tower Automotive, Inc. and various unions/retiree committees. The Creditors Committee argued that the settlements impermissibly favored retirees over other unsecured creditors by guaranteeing a 20 percent recovery on their unsecured claims, constituted a sub rosa reorganization plan, and did not satisfy Bankruptcy Rule 9019. The District Court affirmed the Bankruptcy Court's decisions, ruling that Section 1114 of the Bankruptcy Code allows for special treatment of retiree benefits. Additionally, the court found the settlements were not a sub rosa plan as they didn't dictate reorganization terms or dispose of all assets, and the Bankruptcy Court properly reviewed the settlements for reasonableness under Rule 9019, considering litigation risks and the best interests of all parties. The court also noted the practical difficulties of unwinding the settlements at that stage.

BankruptcyRetiree BenefitsUnsecured CreditorsSettlement ApprovalChapter 11Sub Rosa PlanCollective Bargaining AgreementsVEBA TrustsBankruptcy Code 1114Appeals
References
16
Case No. NO. 14-13-00421-CV
Regular Panel Decision
Apr 24, 2014

Sheila Adams v. Golden Rule Service, Inc.

Sheila Adams, a nursing aide, sued her employer, Golden Rule Service, Inc., for injuries allegedly sustained while assisting a patient at Golden Rule's health care facility. The trial court dismissed the case because Adams failed to serve an expert report as required by the Texas Medical Liability Act (TMLA). Adams appealed, arguing her claims were not governed by the TMLA. The Fourteenth Court of Appeals affirmed the trial court's decision, concluding that Adams's claims were health care liability claims subject to the TMLA's expert report requirement, consistent with prior court precedents.

Health care liabilityTMLAExpert reportNegligenceEmployer liabilityMedical injuryWorkplace injuryTexas lawAppellate reviewDismissal
References
7
Case No. MISSING
Regular Panel Decision
Jun 08, 1984

In Re Perez

This Memorandum Opinion addresses the assessment of excess costs, expenses, and attorneys’ fees against Hallie W. Gill, referred to as "Debtors’ Counsel," under 28 U.S.C. § 1927, Rule 11 of the Federal Rules of Civil Procedure, and Bankruptcy Rule 9011. Suburban Coastal Corporation ("Suburban Coastal") sought to recover fees and expenses incurred while attempting to regain its collateral across three successive Chapter 13 bankruptcy cases filed by Debtors’ Counsel on behalf of the debtors. The court found that Debtors’ Counsel repeatedly filed Chapter 13 cases in bad faith, without the debtors having regular income or a viable plan, solely to prevent Suburban Coastal's foreclosure sales. These filings, including motions for voluntary dismissal, were deemed to display a "serious and studied disregard for the orderly process of justice" and to have unreasonably and vexatiously multiplied proceedings. The court concluded that Debtors’ Counsel willfully abused judicial processes and violated Rule 11 and Bankruptcy Rule 9011, and ordered him to pay Suburban Coastal $5,290.00 in attorneys’ fees and expenses.

BankruptcyChapter 13SanctionsAttorney MisconductForeclosureAutomatic StayFrivolous FilingsBad FaithRule 11Bankruptcy Rule 9011
References
7
Case No. 12-01051
Regular Panel Decision

Schuman v. Connaught Group, Ltd. (In re Connaught Group, Ltd.)

Plaintiff Martina Schuman, on behalf of herself and approximately 100 former employees, filed an adversary proceeding seeking class certification for claims under the Federal and New York State WARN Acts against The Connaught Group Creditors’ Liquidating Trust. The claims alleged that employees were terminated without the legally required 60 days' notice on or about January 30, 2012, following the debtor The Connaught Group, Ltd.'s bankruptcy filing. The Trust opposed, arguing inadequate representation due to differing priorities for pre-petition versus post-petition claims and that a class action was inferior to the bankruptcy claims process. The court, presided over by Bankruptcy Judge Stuart M. Bernstein of the Southern District of New York, found that the plaintiff met the criteria for numerosity, commonality, and typicality under Rule 23(a). It ruled that no conflict of interest existed between pre-petition and post-petition claimants as the confirmed bankruptcy plan provided equal treatment for both administrative and priority claims, and the class action was deemed superior given the early filing and the purpose of Rule 23 to avoid multiple individual claims. The motion for class certification was therefore granted.

Class ActionWARN ActBankruptcy LawCreditorsMass LayoffEmployee RightsClass CertificationStatute of LimitationsBar DateAdversary Proceeding
References
26
Case No. MISSING
Regular Panel Decision

In Re Soika

This case concerns Household Finance Corporation's petition to review a Referee in Bankruptcy's order regarding the nondischargeability of a prebankruptcy debt. The bankrupt provided false financial statements to Household Finance Corp. and Postal Finance Co., omitting significant existing indebtedness. The Referee found these statements to be materially false, made with intent to deceive, and relied upon by the creditors, resulting in the bankrupt receiving additional funds. The Referee determined the nondischargeable liability for Household Finance Corp. to be $75.00, which was challenged by Household Finance, seeking $1,400.00. The court affirmed the Referee's decision, concluding that the 1960 amendment to the Bankruptcy Act § 17(a)(2) does not impose a special penalty beyond the New York 'actual pecuniary loss' rule for fraud, thus construing exceptions to discharge strictly in favor of the bankrupt.

BankruptcyNondischargeable DebtFalse Financial StatementFraudDamagesBankruptcy ActCreditor RightsDebtor ProtectionPecuniary LossAppellate Review
References
6
Case No. 2-04-255-CV
Regular Panel Decision
Jun 30, 2005

Anton Antonov and Tanev & Son Trucking v. Sonja Walters and Shawn Brown, in His Capacity as Chapter 7 Trustee for the Bankruptcy Estate of Delbert and Sonya Walters

The appellants, Anton Antonov and Tanev & Son Trucking, appealed a judgment in favor of Sonja Walters and Shawn Brown. Appellants raised three issues: Sonja Walters' lack of standing due to her bankruptcy, the trial court's denial of Shawn Brown's intervention, and the legal and factual insufficiency of evidence for Sonja's future medical expenses. The Court of Appeals affirmed the trial court's judgment, finding that Sonja had standing because her claims were properly exempted from the bankruptcy estate, Brown's intervention was timely as it related back to Sonja's original suit, and sufficient evidence supported the jury's award for future medical expenses given Sonja's permanent brain injury and ongoing treatment.

BankruptcyStandingInterventionFuture Medical ExpensesSufficiency of EvidencePersonal InjuryMotor Vehicle AccidentExemptionsChapter 7 TrusteeAppellate Review
References
31
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