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New Cases For the Week of May 12, 2008 - May 16, 2008
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Click here to search prior New Opinion summaries.
| May 16, 2008 |
Case |
Court |
Holding |
In re: Resource Tech. Corp.
(DBN Subscription Required) |
7th Cir. |
An order extending the time to assume or reject a contract does not reinvigorate an expired contract. A trustee who attempted to assume an expired contract would be subject to sanctions. |
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| May 15, 2008 |
Case |
Court |
Holding |
In re Go West Entertainment, Inc.
(DBN Subscription Required) |
BK SDNY |
Because it would be inappropriate (under Younger) for bankruptcy court to interfere in a State's revocation of a liquor license owned by the debtor/adult entertainment venue, the debtor is not entitled to an injunction, since it cannot establish that it will likely prevail on the merits. |
In re Ampex Corp, et. al.
(DBN Subscription Required) |
BK SDNY |
The main criteria for appointment of an equity committee is the debtor's solvency. Since it appears that equity is out of the money, appointment of an equity committee is not warranted. |
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| May 13, 2008 |
Case |
Court |
Holding |
Tri-State Fin., LLC v. Lovald
(DBN Subscription Required) |
8th Cir. |
In consolidated bankruptcy proceedings wherein the bankruptcy court denied a motion seeking recusal of the bankruptcy judge, approved a settlement negotiation, denied a motion for hearing on the settlement, and approved an award of attorneys' fees, judgment is affirmed where: 1) the recusal motion was made untimely; 2) upon reviewing the totality of the circumstances, the bankruptcy court did not abuse its discretion in approving the settlement agreement or denying the motion for settlement hearing; and 3) because the fee award was only challenged on the basis of a conflict and not contested as to whether the amount was reasonable, the court did not abuse its discretion in its award of attorneys' fees. |
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