On August 27, 2014, the Trustee commenced an adversary proceeding
against IPC seeking, among other things, to avoid IPC's consignment interest in IPC's consigned fuel and the unremitted proceeds from the sale of the consigned fuel and recover the value of the consigned goods and proceeds for the benefit of Pettit Oil's bankruptcy estate, The Trustee claimed a prior interest in the consigned fuel and all unremitted proceeds from Pettit Oil's sale of the fuel because IPC had failed to perfect its consignment interest.
As such, the court held that the reference to the bankruptcy court must be withdrawn prior to trial but, because summary judgment motions had not yet been filed in the adversary proceeding
, defendants' motion would be denied without prejudice to renew when the case is trial-ready.
Lee Harrington of Nixon Peabody represented the defendants in the adversary proceeding
. Harrington did not respond to a request for comment.
The Trustee filed an adversary proceeding
in Bankruptcy Court.
The trustees initiated this adversary proceeding
by filing a complaint on Dec.
In that adversary proceeding
, the court agreed with Twin River that it had obligations to the CVR holders.
(3) Objections to the debtor's discharge are generally lodged and adjudicated through the vehicle of the adversary proceeding
. (4) A [section] 523(a) (5) exception to discharge of a specific debt stands in contrast to the general denial of discharge of all debtor's unsatisfied debts that results from successful prosecution of a [section] 727 objection to discharge.
Within the first month, an adversary proceeding
was brought by former employees claiming WARN Act violations, the Missouri Attorney General filed a motion to appoint a trustee, and the UCC brought an adversary proceeding
for an extension of the automatic stay, seeking to enjoin numerous parties.
Given that the adversary proceeding
will likely be filed with the same judge overseeing the bankruptcy itself, the plaintiff-trustee will already have a good feel for how the bankruptcy judge may resolve an adversary proceeding
Here I think it's important to recall that the reason for the creation of the FISA Court to oversee collection of intelligence was simply to provide yet another layer of supervision, not to open intelligence gathering to public scrutiny or to turn it into an adversary proceeding
. It was simply to assure that the surveillance of those people protected by the Fourth Amendment--all people present in the United States and American citizens traveling abroad--was reasonable.
If a debtor does not voluntarily return the goods subject to a reclamation claim, then the seller will be required to take action in the bankruptcy case to enforce its reclamation claim by filing a motion for relief from stay or an adversary proceeding