In re Vitalsigns Homecare Inc.
Oct
29
2008
Ruling
Trustee allowed to sell debtor's medicare provider number free and clear.
Procedural posture
The matter came before the court for hearing on the chapter 7 trustee's motion to authorize the sale of property of the estate (namely, debtor's Medicare provider number), free and clear of liens, claims, and encumbrances, and the partial objection of the United States, on behalf of the Department of Health and Human Services (HHS). The potential purchaser filed a statement in support of the trustee's motion.
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Court
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Ziegler v. Schwenker (In re Ziegler)
Oct
02
2008
Ruling
Trustee allowed to sell debtor's remainder interest in property free and clear of claims of other remainder interest holders.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant holders of remainder interests in real property in which the bankruptcy debtor also held a remainder interest, seeking authority to sell the remainder interest of the debtor free and clear of claims of the holders pursuant to 11 U.S.C.S. § 363(h). The trustee moved for summary judgment, and neither the debtor nor the holders responded to the motion.
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Court
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In re Eldercare
Jul
04
2008
Ruling
Sale of debtor's nursing home assets and operations supported by sound business reasons approved.
Procedural posture
The debtors filed separate voluntary petitions for relief under chapter 11. The debtors sought to sell or otherwise transfer or transition a large portion of their nursing facility assets and business operations to the proposed transferees, and permit the State to establish receiverships for several additional nursing facilities. The committee of unsecured creditors filed a timely objection to the transfer motions.
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Court
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In re Viking Offshore
Apr
30
2008
Ruling
Motion to pay bonuses to non-insider employees denied due to lack of sound business justification.
Procedural posture
The debtors filed a motion for authority to pay bonuses to non-insider employees. An indenture trustee under the debtors' bonds opposed the motion on the ground that the amount of the bonuses was excessive.
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Court
:
- 11 U.S.C.
Conn-Selmer Inc. v. Bamber
Feb
07
2008
Ruling
Postpetition contract entered into outside ordinary course of debtor's business without bankruptcy court approval was unenforceable.
Procedural posture
Plaintiff creditor and third-party defendant, a subsidiary of the creditor, filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss the counterclaim and third-party claim of defendants, the owner of a debtor company, for tortious interference with a pending contract between the debtor and a non-party company, which had agreed to take over the debtor's lease.
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Court
:
- 11 U.S.C.
In re Exaeris Inc.
Jan
15
2008
Ruling
Sale of substantially all assets to creditor, including causes of action against that creditor, denied.
Procedural posture
A corporate debtor filed a petition under chapter 11 in July 2007, and six months later, it filed an expedited motion seeking an order authorizing the sale of substantially all its assets to a creditor or the creditor's designee. A committee of unsecured creditors took the lead in presenting the motion, and a bank that was also a creditor opposed the motion.
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Court
:
- 11 U.S.C.
In re Nature Leisure Times LLC
Dec
19
2007
Ruling
Free and clear sale of assets by trustee approved where estate cash flow was insufficient to continue operation of debtor's lodge facility.
Procedural posture
The chapter 7 trustee filed a motion pursuant to 11 U.S.C. § 363(b)(1) to sell assets free and clear of all liens and assign executory contracts and unexpired leases.
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Court
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In re Romano
Oct
11
2007
Ruling
Trustee's motion to sell debtor's residence denied due to failure to file adversary proceeding.
Procedural posture
Chapter 7 trustee filed a motion to sell the debtor's residence at public auction, pursuant to 11 U.S.C. § 363(b) and (f). The debtor filed a motion to amend his exemption claims, so as to declare his residence exempt under state law.
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Court
:
- 11 U.S.C.
In re Oaktree Imaging LP
Sep
06
2007
Ruling
Sale of aged MRI machine that could not be moved easily along with real property to physician approved as serving sound business purpose.
Procedural posture
The chapter 7 trustee filed a motion under 11 U.S.C. § 363(b)(1) to sell the estate's interest in all the physical assets scheduled by the debtor, including an MRI machine, to a physician for $50,000. A party objected to the sale of the MRI machine.
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Court
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In re ITG Vegas Inc.
Apr
03
2007
Ruling
Lobbying firm could be retained as political consultant to debtor.
Procedural posture
After the debtors petitioned for bankruptcy relief, the debtors filed an application seeking authority to employ a lobbying firm, pursuant to 11 U.S.C. § 327, as a political consultant to the debtors. The limited liability company objected to the application. The debtors thereafter amended their application, modifying their basis for relief to reflect approval pursuant to 11 U.S.C. § 363(b) as a use of cash.
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Court
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