New Cases For the Week of February 13, 2012 - February 17, 2012

 

February 16, 2012

In re JJMM International Corporation
(DBN)
Bankr. ED NY The fact that a putative single asset real estate debtor's tenants operate operate very different businesses does not alter the "single project" analysis. The focus of that analysis is not on the business activities of the debtor's tenants. The definition of SARE in 11 U.S.C. § 101(51B) takes no account of the business activities of a debtor's tenants, and those activities are irrelevant to determining whether a property constitutes a SARE. Instead, the question is whether the debtor treats its property as a single project or property by virtue of a common plan or purpose.
     

February 15, 2012

In re Velez
(DBN)
Bankr. SD FL "There is no such thing as Local Rule 3000-1(A)(3)." Attorney is sanctioned for filing claim objections based upon non-existent local rule and inapplicable State statute.
     

February 14, 2012

In re McCormick
(DBN)
4th Cir. Applicable State real estate law allows allows a purchaser to rely exclusively on the official recordation index of the county to discover liens, regardless of what other independent knowledge that purchaser might have. Because a bankruptcy trustee is treated as a bona fide purchaser under State law for section 544(a)(3) purposes, the trustee was entitled to avoid an unrecorded lien on debtor's property even though constructive knowledge of the lien could be imputed to the trustee.
     

February 13, 2012

Matter Of SK Foods, L.P.
(DBN)
9th Cir. Although a bankruptcy court's order removing a trustee is a final order, an order denying removal is not final. Claims based upon pre-discharge conduct are enjoined.
In re: Lear Corporation
(DBN)
Bankr. SD NY To the extent that a class antitrust action is based on the conduct of the debtor occurring after the discharge date, plaintiffs are entitled to seek antitrust recovery in an appropriate non-bankruptcy jurisdiction and venue.
In re: The Containership Company (TCC) A/S and UPS Ocean Freight Service, Inc.
(DBN)
Bankr. SD NY The Federal Maritime Commission (FMC) does not have exclusive jurisdiction over over Shipping Act violations raised in disputes between a Chapter 15 debtor and various contract counterparties. Nor do the Sonnax Factors weigh in favor of deferring to the FMC in this instance. Motion for relief from stay to litigate Shipping Act issues before the FMC is denied.
     
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