By Posted in Eleventh Circuit CasesIn re Dr. Gail Van Diepen, P.A., No. 06-14517, 2007 U.S. App. LEXIS 12796 (11th Cir. May 31, 2007). After judgments were entered against the debtor entity, the principal closed the debtor and started a new company to provide health care services. Assets of the debtor were transferred to the new company. After the debtor… Continue Reading
By Posted in Miscellaneous CasesIn re Moustafi (click for opinion), Ch. 7 Case No. 4-07-00407-EWH, 2007 Bankr. LEXIS 1925 (Bankr. D. Ariz. June 4, 2007. The Chapter 7 debtor stated her intention to reaffirm the debt secured by her vehicle. She timely executed the reaffirmation agreement pursuant to §521, and it was accepted by the lender. However, the court found that debtor’s income… Continue Reading
By Posted in News and CommentsTriatek, Inc. filed a Chapter 11 petition in the Northern District of Georgia on June 18, 2007, Case No. 07-69507. Assets and liabilities are both listed as between $1 million and $100 million. Triatek lists "Triatek World Labs, Inc." Triatek International" and "Triatek Lighting, Inc." as other names used in the last eight years.… Continue Reading
By Posted in Corporate & Fiduciary Litigation,Miscellaneous CasesPosted By: Scott B. Riddle, Esq. In Kaye v. Dupree, et al. (In re Avado Brands, Inc.), Adv. No. 05-3823, 2006 Bankr. LEXIS 3631 (Bankr. N.D. Tex. December 28, 2006), the Trustee of the Debtor’s Litigation Trust filed a post-confirmation suit against the Debtor’s former officers and directors. The causes of action included preferential transfers,… Continue Reading
By Posted in Northern District CasesPosted By: Scott B. Riddle, Esq. Hospitality Ventures/Lavista v. Heartwood II, LLC, et al (In re Hospitality Ventures/Lavista), Adv. No. 03-06596, 2007 Bankr. LEXIS 39 (Bankr. N.D. Ga. January 3, 2007)(Bonapfel) (click caption for opinion). I will briefly review the facts and conclusions, but I recommend reading the full opinion as the issues are complicated and… Continue Reading
By Posted in Eleventh Circuit CasesBy: Scott B. Riddle, Esq. Welt v. MJO Holdings, Inc. (In re Happy Hocker Pawn Shop, Inc.), No. 05-16182, 2006 U.S. App. LEXIS 31639 (11th Cir. December 21, 2006). Prior to filing bankruptcy, the debtor pawn shop had transferred its inventory to the plaintiff in satisfaction of a debt, and the plaintiff thereafter also operated a pawn… Continue Reading
By Posted in Miscellaneous CasesSorry for the length of this post, but rather than attempt to summarize this case I am posting lengthy excerpts from the opinion. Scroll to the bottom of the post for links to the briefs filed in the case. Thanks to Katie Porter at Credit Slips for notice of the case. Milavetz, Gallop & Milavetz… Continue Reading
By Posted in News and CommentsThe Electronic Discovery Blog has a good summary of the new amendments to the Federal Rules of Civil Procedure as they pertain to electronic discovery. You can view the post by clicking here. As a side note, the I have upgraded to the new version of Adobe Acrobat 8, and it is a very nice improvement… Continue Reading
By Posted in News and CommentsThe Amendments to the Federal Rules of Civil Procedure, and by extension the Federal Rules of Bankruptcy Procedure, are effective this coming Friday, December 1, 2006. You can read a summary of the amendments by clicking here. All lawyers, including in-house counsel, should be aware of the new rules regarding electronic discovery and the preservation of electronic… Continue Reading
By Posted in Miscellaneous CasesIn Trenwick America Litigation Trust v. Ernst & Young, LLP, et al, 906 A.2d 168, 2006 Del Ch. LEXIS 139 (Del. Ch. August 10, 2006), the Chancery Court firmly held that deepening insolvency is not a valid cause of action under Delaware law. It will be interesting to see how the Delaware Supreme Court rules… Continue Reading
