Diggs Restaurant Group and other creditors argued that Oasis Cigar Club's Chapter 7 filing was unauthorized, as they claimed the company’s members had not voted to approve the filing. Oasis Cigar Club responded that its board of directors had authorized the filing, providing relevant documentation, though the movants questioned the legitimacy of the board’s authority and claimed judicial estoppel should prevent the company from asserting that the board had authority.
Trident, the Debtor’s main creditor, argued that the bankruptcy filings were part of a “scheme to delay, hinder, or defraud creditors,” as outlined in Section 362(d)(4) of the Bankruptcy Code, due to multiple bankruptcy filings affecting the same property. However, the court found that Trident did not present sufficient evidence to prove this claim.
Vaughn, who represented himself, filed a complex, convoluted and confusing complaint against Navy Federal with numerous claims, including violations of various U.S. and foreign statutes, breach of contract, breach of fiduciary duty, and allegations of discrimination.
In Celebration Cottage AB, LLC, the bankruptcy court denied the motion by BIP Canton, LLC to designate Celebration Cottage AB, LLC as a Single Asset Real Estate (SARE) entity, despite assertions that the real property constituted a single project that generated most of the debtor’s income. Designation as a SARE would require expedited creditor protections and alter the debtor's Chapter 11 restructuring process.
