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In re Hostess Brands Inc.

In re Hostess Brands Inc.

Ruling
Motion to compel arbitration of core bankruptcy issue of use of cash collateral denied.
Procedural posture

Debtor businesses filed a petition under chapter 11 of the Bankruptcy Code and asked the court to issue an order under 11 U.S.C.S. § 363(c) which allowed them to use cash collateral they promised to pay to an insurance company. The insurance company filed a motion for an order requiring the debtor to arbitrate what it claimed was a contract dispute underlying the debtors' motion.

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Commercial opinion summary, case decided on January 07, 2013 , LexisNexis #0113-110