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Opinions

The District of XXXXX offers a database of opinions for the years 19XX to 2011, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

Judge James D. Gregg

On November 1, 2001, the Debtor filed a motion to establish procedures to determine reclamation claims, the Reclamation Procedures Motion. See also Reclamation Procedures Motion, 22, at 7 ( Specifically, the Debtors seek an order from the Court establishing a procedure for the treatment of valid reclamation claims . . . . The Reclamation Claimants assert that the Reclamation Procedures Order, which incorporates the Reclamation Procedures Motion, grants them substantive rights, i.e., ...

The funds from the note referred to in the Sale Order had been used by Tml to build a loading dock on real property it leased from Word (the loading dock note ). Rather he seeks to avoid each transfer of rent from Tml to Word to the extent that it exceeded the fair market rental value for the leased premises. During 1993 and 1994, the parties continued to exchange proposals that would allow Tml to purchase the leased premises from Word andor would reduce Tml s monthly rent obligations ...

1 The Order resulted from a consolidated hearing2 on the Irs s objection to the priority claim filed by the Debtor s ex-spouse, Deborah Fortier Vickers (hereinafter Vickers ), and Vickers Motion for Distribution of Property of the Estate. Even if the Carlton property was originally property of the corporate debtor, the Irs conceded that the Carlton property became property of the Debtor s bankruptcy estate pursuant to the Carve-Out Agreement. Considering the $30,000 payment made to the ...

Although discussions regarding the Debtor s stake in Digital Commerce continued throughout 1999, the Debtor never received equity in Digital Commerce. 10 Digital Commerce also alleges that the Debtor breached his fiduciary duty by: preparing to establish Sullivan & Pliml as a corporate entity during Digital Commerce time, using Digital Commerce resources to do so, and failing to disclose his intention to start a competing company to the owner of Digital Commerce, Hall. However, ...

On March 21, 2003, the Trustee initiated this adversary proceeding by filing a complaint against Defendant Richard Van Setten, "Van Setten," and Defendant Standard Federal Bank, N.A., formerly known as Michigan National Bank, "Bank." 6. That Agreement was signed by Van Setten and Frank Van Dam, Iii, the Debtor's President. It is without question that Van Setten received a copy of the Debtor's "Employee Information Handbook--March 1999," the "Handbook," prior to executing the May 2000 ...

If ConAgra was not entitled to draw on the letter of credit, are the Debtors entitled to any remaining proceeds from the letter of credit? ConAgra s first letter to the Debtor was dated October 29, 2001 and stated that ConAgra intended to draw $15,011.22 from the letter of credit for the October rent for the Yukon property. Based upon this timing, Quality s request to reduce the letter of credit was made after ConAgra would have been entitled to draw on the letter of credit for the November...

The issue before the court is whether Debtor s interest in either the Tiaa annuity or the Ford Ssip trust is included among the Debtor s interests in property transferred to the estate created when Debtor filed his petition for relief under the Bankruptcy Code. I conclude that Debtor s interest in the Tiaa annuity did become property of the estate but that Debtor s interest in the Ford Ssip trust did not become property of the estate. Like Debtor in the instant case, the debtor in Barnes ...

In a Chapter 12 proceeding, 11 U.S.C. 1201-1231, a trustee represents the bankruptcy estate in some matters and the debtor, again as the estate s debtor-in-possession, represents the bankruptcy estate in other matters unless the bankruptcy court removes the debtor as the bankruptcy estate s debtor-in-possession. For example, if the bankruptcy trustee liquidates property of the estate pursuant to Section 363, she conveys title to that property on behalf of the bankruptcy estate, not on ...

In a Chapter 12 proceeding, 11 U.S.C. 1201-1231, a trustee represents the bankruptcy estate in some matters and the debtor, again as the estate s debtor-in-possession, represents the bankruptcy estate in other matters unless the bankruptcy court removes the debtor as the bankruptcy estate s debtor-in-possession. For example, if the bankruptcy trustee liquidates property of the estate pursuant to Section 363, she conveys title to that property on behalf of the bankruptcy estate, not on ...

In a Chapter 12 proceeding, 11 U.S.C. 1201-1231, a trustee represents the bankruptcy estate in some matters and the debtor, again as the estate s debtor-in-possession, represents the bankruptcy estate in other matters unless the bankruptcy court removes the debtor as the bankruptcy estate s debtor-in-possession. For example, if the bankruptcy trustee liquidates property of the estate pursuant to Section 363, she conveys title to that property on behalf of the bankruptcy estate, not on ...

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