(Bankr. W.D. Ky. Issued May 30, 2014)
In this lengthy opinion, Judge Lloyd of the Bankruptcy Court for the Western District of Kentucky grants judgment in favor of debtor Seven Counties Services in this adversary proceeding brought against it by Kentucky Employees Retirement System (“KERS”). The Court also grants the debtor’s motion to reject its executory contract with KERS, permitting it to leave the state retirement system. The Court concludes that the debtor is not a governmental entity and thus may proceed with its Chapter 11 reorganization. Opinion below.
2014-05-30 – kers v seven counties services
(S.D. Ind. Issued May 30, 2014)
The Southern District of Indiana affirms the bankruptcy court’s summary judgment in favor of the debtor hospital on its preference claim against the Indiana Family and Social Services Administration (“FSSA”). The Court held that FSSA’s withholding of Medicaid reimbursements to the debtor were preferential and no defenses applied. Opinion below.
2014-05-30 – in family and social services v st catherine hospital
Issued May 21, 2014
The Sixth Circuit B.A.P. affirms decision of the Bankruptcy Court for the Eastern District of Kentucky denying the debtor’s motion for sanctions for alleged stay violations. Opinion below.
2014-05-21 – collett v lee oil co
Issued May 2, 2014
Judge Young of the Southern District of Indiana reverses the bankruptcy court’s decision in the trustee’s avoidance action that almost $2.5 million in pre-petition transfers were subject to the new value affirmative defense. Opinion below.
2014-05-02 – levin v verizon