Alacrity Services, LLC, which was once owned by Debtor, moved to reopen Debtor’s Chapter 11 case to file “pleadings under seal” in connection with an unfiled motion to clarify meaning of prior Consent Order appointing an Estate Representative under 11 U.S.C. Section 1123(b)(3)(B). That Consent Order required Alacrity to give 60 days’ notice to the Estate Representative before Alacrity could sell, transfer or encumber its assets, while the Estate Representative was pursuing an equity holder of Alacrity to recover a fraudulent transfer.
The Court granted the motion to reopen in part but denied the portion seeking to file documents under seal. Alacrity put the cart before the horse in seeking to seal documents before filing the operative motion to seek clarification of the consent order.
NOT INTENDED FOR PUBLICATION
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Opinions
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Judge James E. Massey (Retired)
In Proposed Findings of Fact and Conclusions of Law in a non-core matter, the Court recommended to the U.S. District Court that it enter a judgment in favor of Defendant declaring that Plaintiff had no interest in technology developed while Plaintiff was employed by Defendant.
NOT INTENDED FOR PUBLICATION
(Plaintiff's renewed motion for default judgment granted after incorporating a more detailed factual basis for establishing a claim of actual fraud under section 523(a)(2)(A))
(Judgment for fraud claim rendered by United States District Court in Massachusetts satisfies Plaintiff's section 523(a)(2)(A) claim because of collateral estoppel)
(Motion for default judgment by creditor whose claim arises from Debtor's use of credit card denied in part)
(pro secreditor's motion construed as motion to allow late proof of claim with explanation that claim will be allowed unless Debtor objects)
(Motion for default judgment by creditor whose claim arises from Debtor's use of credit card denied in part)
(Debtors contracted with special counsel Levinson; Levinson associated Mackie; Debtors signed no agreement directly with Mackie, but Mackie filed the application. Application denied.)
(Motion for default judgment by creditor whose claim arises from Debtor's use of credit card denied)
Judge Joyce Bihary (Retired)
(15 U.S.C. §§ 1602, 1635; on cross motions for summary judgment, Court found assignment of note and security deed on day of closing does not trigger extended three year rescission period of Truth in Lending Act as long as loan proceeds not disbursed within three day rescission period; assignment does not terminate right of rescission under Truth in Lending Act against original lender as matter of law; if at trial there is proof of a violation of Truth in Lending Act, Court will reach issue of whether a rescission remedy can be fashioned against the sole Defendant sued as Plaintiff did not join current holder of note and security deed)