Subscribe to All Opinions13 B 31265
Upon the Construction and General Laborers’ District Council of Chicago and Vicinity’s and the Laborers’ Pension and Welfare Funds’ objection to the Debtor’s application pursuant to 11 U.S.C. § 1113 to reject all collective bargaining agreements to which it was a party, held: The Debtor, having sold substantially all of its assets prior to commencing bankruptcy, has demonstrated sufficiently that rejection of all collective bargaining agreements is necessary for a valid “reorganization,” as that term must be interpreted in section 1113 in a liquidating chapter 11 case. The court therefore grants the Debtor’s motion to reject its collective bargaining agreements.
Opinions
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Judge Timothy A. Barnes
In re Chicago Construction Specialties, Inc.
May 8, 2014
May 8, 2014
In re Richard J. Klarchek; The Klarchek Family Trust and Richard J. Mason v. John Costello, James Eliades and John Loguidice
April 10, 2014
April 10, 2014
10 B 44866, 13 A 01048
Petitioners, as trustees for a family trust created by the debtor, move for abstention or remand of an Illinois state court proceeding to dissolve the family trust that had been previously removed to this court by the chapter 7 trustee. The chapter 7 trustee, in turn, seeks a determination from this court that the state court proceeding is void, as the proceeding was commenced after the commencement of the bankruptcy case and without relief from the automatic stay. Held: While the dissolution of a trust against which an estate has a claim may not violate the automatic stay, per se, under the facts of this case, a stay violation did occur. While the state court, not this court, is the proper tribunal with authority to order the dissolution of the family trust, the state court proceeding is invalid as having been commenced in violation of the automatic stay and the request for abstention or remand is therefore moot.
10 B 44866, 13 A 00631
After the trustee filed a motion for default judgment against one of multiple adversary defendants for failure to file a timely answer in response to an amended complaint, the defendant filed two answers; one to the original complaint and another one to the amended complaint. The trustee moved for the court to strike both answers as untimely and filed without leave or excuse. The bankruptcy court held that: (i) the defendant failed to file an answer within the prescribed time period; (ii) the defendant failed to challenge service in its first responsive pleading and thus has waived the defense of insufficient service; (iii) the defendant failed to show that its untimely answer is excusable pursuant to Federal Rule of Bankruptcy Procedure 9006(b)(1); (iv) the answers will therefore be stricken; (v) service of the motion for default judgment satisfies the due process requirement; and (vi) after having held three hearings on the motion for default judgment and having stricken the answers, it is proper to enter a default judgment against the defendant. Accordingly, the court grants both of the trustee’s motions.
Judge Carol A. Doyle
12 B 27488, 12 A 01572
Judge Donald R. Cassling
National Union Fire Insurance Company of Pittsburgh v. Timothy D. and Cecilia S. Krause (In re Timothy D. and Cecilia S. Krause)
April 30, 2014
April 30, 2014
13 B 15811, 13 A 00901
Judge Jack B. Schmetterer
13 B 47304, 14 A 00097
00 B 11520, 11 A 01983
Judge A. Benjamin Goldgar
In re Kimberly Gail Ludwig; Nancy Schaul, as Administrator for the Estate of Gary Crawford v. Kimberly Gail Ludwig
April 2, 2014
April 2, 2014
13 B 32960, 13 A 01345