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§ 1106

Royal Alice Props, In re

Sep
16
2020
Ruling
Court declined to bifurcate or limit powers and duties of Chapter 11 trustee to operate thedebtor's business. (Bankr. E.D. La.)
Issue(s)
Duties of Trustee and Examiner.

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Commercial opinion summary, case decided on September 16, 2020 , LexisNexis #1020-092
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Breland, In re

Jul
05
2018
Ruling
Duty to amend a debtor's schedules falls within chapter 11 trustee's duties. (Bankr. S.D. Ala.)
Issue(s)
Duties of Trustee and Examiner.

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Consumer opinion summary, case decided on July 05, 2018 , LexisNexis #0818-052
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Nilsen v. Neilson (In re Cedar Funding Inc.)

Nov
16
2009
Ruling
Chapter 11 trustee not liable for allegedly defamatory statements regarding debtor's president.
Procedural posture

Appellant, the president of a company that declared chapter 11 bankruptcy, filed an action in Monterey County Superior Court (California), claiming that appellee, a trustee who was appointed to administer the company's bankruptcy estate, made defamatory statements. The trustee removed the case to the bankruptcy court for the Northern District of California, and that court dismissed the founder's claims. The president appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 16, 2009 , LexisNexis #0110-026
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In re M&S Grading Inc.

Jun
25
2009
Ruling
Union's motion for report showing payments made by converted chapter 7 debtor with funds withheld for taxes denied due to trustee's inability to recover payments.
Procedural posture

The matter came before the court on a motion by a union to require a trustee and a debtor in possession to provide a report to the court showing payments to employees, the deductions for taxes required to be withheld or paid for and on behalf of employees, and the place where the amounts were paid or deposited, under Fed. R. Bankr. P. 2015(a)(3) and 11 U.S.C.S. § 1106(a)(3).

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Commercial opinion summary, case decided on June 25, 2009 , LexisNexis #0809-069
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In re Pamaswamy De Wakar

Dec
07
2007
Ruling
Debtor's spouse and children not entitled to special notices in absence of domestic support obligation.
Procedural posture

A debtor filed a petition under chapter 11, and the United States Trustee ("UST") sought an order requiring the debtor to give his wife and children the special notices required by 11 U.S.C. § 1106(c)(1)(A) and (B).

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Consumer opinion summary, case decided on December 07, 2007 , LexisNexis #0108-052
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In re J.S. II LLC

Nov
29
2007
Ruling
Sale of real estate holdings by debtors could proceed without consent of interested party.
Procedural posture

Debtors, limited liability companies ("LLC") filed petitions for relief under chapter 11, and the matters were administered jointly. The debtors sought leave of court to sell some real estate holdings and two interested parties objected. The debtors sought reconsideration of the court's earlier interlocutory ruling that required consent of the interested party before the sale could be completed.

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Commercial opinion summary, case decided on November 29, 2007 , LexisNexis #1207-121
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