In re Mission Bay, 07-20870
Estate of Mission Bay v. Linnemann et al., 08 A 55
Issued September 9, 2009
Judge A. Benjamin Goldgar
Download and read the opinion in PDF format here
Entries categorized as ‘Bankrupt’
In re Mission Bay/Estate v. Linnemann
September 21, 2009 · Leave a Comment
Categories: Bankrupt · IL · ND · bank · bankruptcy · cir 7 · goldgar
High Times for Bankruptcy Counsel
January 30, 2009 · Leave a Comment
Are you paying your bankruptcy lawyer enough? Not according to this piece posted Jan 28 in the ABA Journal by Debra Cassens Weiss :
Kirkland & Ellis Seeks Fee of $18.50 a Minute for Bankruptcy Work
Kirkland & Ellis has requested a fee of $1,110 an hour in a corporate bankruptcy [which] breaks down to $18.50 a minute … for its representation of titanium dioxide-maker Tronox Inc. Two other law firms are seeking nearly as much, requesting hourly rates in excess of $1,000… They are Sidley Austin, in the restructuring of the Tribune Co., and Skadden, Arps representing Circuit City. Bankruptcy law professor Lynn LoPucki of the University of California at Los Angeles told the wire service that fees for lawyers and other professionals in bankruptcy cases are growing at four times the rate of inflation. “As the economy gets worse, the bankruptcy lawyers are charging more,” LoPucki told Bloomberg.
Ed. Note: Members of the firms in question could not be reached for comment. I was informed by staff that they were having a money fight.
Categories: Bankrupt · article · assets · audit · bailout · bankruptcy · bubble · business filings · careers · case update · ch 11 · current affairs · current-events · research · work
case updates – hometown, cir 3, cir 8
July 24, 2008 · Leave a Comment
3rd cir
Windt v. Qwest Communications, 06-4662, 06-4808 [June 10, 2008]
In a lawsuit brought by bankruptcy trustees of a Dutch company asserting various claims against defendants who were allegedly responsible for the company’s insolvency, judgment dismissing trustee-plaintiff’s complaint on forum non-conveniens grounds is affirmed where the district court did not abuse its discretion in: 1) affording low deference to plaintiffs’ choice of forum in view of Netherlands’ substantial interest in resolving a dispute concerning alleged mismanagement of a Dutch company by board members and officers of that Dutch company; 2) concluding that avoiding problems in the application of foreign law favored dismissal; 3) balancing the public and private interest factors implicated in the case; and 4) determining that the convenience of litigating the dispute in New Jersey was outweighed by the oppressive or vexatious effect on defendants.
8th cir
US v. Mitchell, 07-3136 [June 10, 2008]
Conviction upon defendant’s retrial for knowingly and fraudulently making a false statement under penalty of perjury in a bankruptcy case is affirmed where the circuit court declines to revisit a double jeopardy issue, and there was sufficient evidence to sustain his conviction.
ND IL ED
In re Weadley, 06-1854
Bibby Financial v. Weadley, 07-683
Issued June 11, 2008
Judge A. Benjamin Goldgar
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when it rains it pours … cases that is
January 15, 2008 · Leave a Comment
Bankruptcy: In re Walter Irmen, 07 B 03103
Adversary: Neiman v. Irmen, 07 A 00404
Opinion Issued: December 7, 2007
Judge: Jack B. Schmetterer
Read and download opinion in PDF format here.
Bankruptcy: In re Michelle Johnson, 07 B 01853
Opinion Issued: December 5, 2007
Judge: John H. Squires
Read and download opinion in PDF format here.
Bankruptcy: In re Mission Bay, 07 B 20870
Adversary: William W. Linnemann et al., 07 A 1045
Judgment Issued: December 14, 2007
Judge: A. Benjamin Goldgar
Read and download opinion in PDF format here.
Bankruptcy: In re Mervyn C. Phillips, Jr., 06 B 04158
Adversary: David Brown v. Phillips, et al., 06 A 01180
Judgment Issued: December 17, 2007
Judge: John H. Squires
Read and download opinion in PDF format here.
Bankruptcy: James A. Redmond, 96 B 03162
Opinion Issued: JDecember 20, 2007
Judge: Eugene Wedoff
Read and download opinion in PDF format here.
Categories: Bankrupt · adversary · bankruptcy · case update · ch 13 · ch 7 · cir 7 · goldgar · schmetterer · squires · wedoff
in re automotive professionals (part deux)
December 26, 2007 · Leave a Comment
A lively discussion has developed in response to our post about In re Automotive Professionals – see the post and comments here. Here is a selection from the latest installment (apparently contributed by a former API employee):
API sells auto warranties through dealerships, IWS sells warranties through credit unions. These warranties are advertised as being backed by “major insurers”. In fact, the vast majority of API’s contracts, and ALL of the IWS contracts are backed by Marathon Financial, a risk retention group. It is critical that you understand this, in order to follow what they are trying to do. Part of your warranty may have been the “GPR” or Guaranteed Price Refund. The GPR is a loser for the company… a real loser. And this has been known for over a year, actually closer to two years. Yet the company continued to sell GPR until 2/1/2007. And they shut down the business on 2/15/2007. More importantly they continue to happily sell GPR through IWS today, along with those Marathon backed contracts through www.iwsgroup.com.
I want to thank everyone who’s been contributing, and encourage others to join the discussion if you have any information to share with customers, employees, debtors, or creditors of API. We are happy to share all appropriate comments and responses here on the bk blog. – M. Hedayat, Editor, BK Blog
Categories: Bankrupt · article · assets · automobile · bad faith · bankruptcy · business filings · case update · consumer · current affairs · current-events · economy · filings · fraud · individual · property
