Summary:
Summary:
The bankruptcy court found that the lack of financial distress does not deprive it of subject matter jurisdiction.
Summary:
Summary:
The Chapter 11 debtor, through its manager, Smith, brought several actions against insiders and "persons closely allied with those insiders" for recovery of prepetition transfers. During discovery against O'Haro, which was "plagued by unsubstantiated 'narrative' defenses", over the course of the case Smith filed two Motions to Compel against O'Haro. During her first deposition, O'Haro invoked her Fifth Amendmnet right against self-incrimination, as a criminal investigation related to this business was underway.
Summary:
The bankruptcy court denied a motion to dismiss two chapter 11 cases, which had employed the infamous 'Texas Two Step" to address (avoid? skirt?) liability for asbestos mass torts claims, holding that :
Abstract
Title 11 of the United States Code (the “Bankruptcy Code”) provides a fresh start to the “honest but unfortunate debtor.” Chapter 7 therefore permits a debtor to “discharge their outstanding debts in exchange for liquidating their nonexempt assets and distributing them to their creditors.” Dismissals in chapter 7 are governed by section 707 of the Bankruptcy Code. Section 707(a) governs all chapters of bankruptcy filings and applies when adequate “cause” is shown.
Summary:
Summary:
The bankruptcy court allowed Y2 Yoga to file a claim for post-petition attorneys fees pursuant to N.C.G.S. § 6-21.6(f). When that amount exceed the judgment amount upon which the claim was based, VR King objected that such was prohibted as the award of reasonable attorney’s fees may not exceed the amount in controversy.
Summary:
Summary:
Two months prior to the filing of bankruptcy by Ms. Corbell-Dockins and her husband, Kirk Morishita died leaving Corbell-Dockins the beneficiary of his 401k, which was rolled over into a 401k account in her name.