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Southern District

In re Bender Shipbuilder & Repair Co.

This matter was before the court on the motion of the debtor for entry of an order approving proposed bidding procedures for submission and acceptance of competing bids for the sale and, as applicable, the assumption and assignment, of certain assets of the debtor and, under certain circumstances, payment of a break-up fee in the amount of $ 800,000.
Ruling: 
Debtor's proposed bidding procedures for sale of assets approved.
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Commercial case opionion summary, case decided on December 30,2009, LexisNexis #0310-008

Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.

Plaintiff offshore company sued defendants, a shipbuilding company and its officers and directors, alleging breach of a contract to build vessels and related claims, including unjust enrichment and breach of fiduciary duty. The claims were stayed after commencement of a bankruptcy action for the shipbuilder. Pursuant to 28 U.S.C.S. § 157(a), the offshore company moved to refer the suit to the bankruptcy court. Defendants contested the motion.
Ruling: 
Action for breach of shipbuilding contract referred to bankruptcy court where debtor builder's involuntary case was pending.
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Commercial case opionion summary, case decided on November 09,2009, LexisNexis #1209-025

Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.

Plaintiff sued defendants, a shipbuilding company and the shipbuilding company's officers and directors, alleging breach of contract and breach of fiduciary duty. The court stayed the action against the shipbuilding company, pursuant to 11 U.S.C.S. § 362, after it learned that the company was in bankruptcy, and plaintiff sought a ruling on whether the stay applied to its claims against the company's officers and directors.
Ruling: 
Claims against debtor shipbuilder's officers and directors were subject to automatic stay.
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Commercial case opionion summary, case decided on August 03,2009, LexisNexis #0909-040

Alabama v. Lett (In re Lett)

Creditor appealed an order of the bankruptcy court, which denied its motion to alter or amend the judgment dismissing, as untimely under Fed. R. Bankr. P. 4007(c), its adversary complaint against debtor.
Ruling: 
Dischargeability proceeding properly dismissed as filed more than 60 days after creditors' meeting.
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Consumer case opionion summary, case decided on March 23,2009, LexisNexis #0509-069

Littleton v. Hinton (In re Triple H Auto & Truck Sales Inc.)

Chapter 7 trustee, brought a claim seeking the avoidance, under 11 U.S.C.S. § 547, of transfers of funds by the debtor to the aunt of the debtor's principals, and a credit provider and transferee of funds from the debtor. The transferee moved for summary judgment, asserting that the transfers were made in exchange for contemporaneous new value, or were made in the ordinary course of business.
Ruling: 
Transfer from debtor auto dealer repaying advances with interest were contemporaneous exchanges for new value and not avoidable.
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Commercial case opionion summary, case decided on February 02,2009, LexisNexis #0409-121

In re Broadus

The IRS filed a motion to reconsider a chapter 13 debtor's discharge, requesting that its secured claim and lien survive the discharge order and that it be granted relief from the discharge order due to the debtor's failure to pay the interest due on the tax claim.
Ruling: 
Interest rate and amount did not have to be included in proof of claim for debtor to be liable.
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Consumer case opionion summary, case decided on January 07,2009, LexisNexis #0209-097

In re Borders

A debtor filed for relief under chapter 7 of the Bankruptcy Code, and the matter was converted to a chapter 13 proceeding. The debtor submitted a proposed plan for confirmation. The trustee objected to the plan, pursuant to 11 U.S.C.S. § 1325(b)(4)(A), based on the proposed commitment period.
Ruling: 
Below median debtor properly calculated income and could propose plan with three-year commitment period.
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Consumer case opionion summary, case decided on April 30,2008, LexisNexis #0808-085

In re Arnold

Chapter 13 trustee objected to the debtors'three-year, zero percent plan.
Ruling: 
Form 22C, allowing deduction of business expenses in determining "cuurent income" is erroneous.
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Commercial case opionion summary, case decided on July 03,2007, LexisNexis #1107-092

In re Crews

The debtors, a husband and wife, moved for the turnover to them of postpetition chapter 13 funds they earned, following the conversion of the husband's case to a chapter 7, and the dismissal of the wife's case. The issue was whether postpetition wages paid into a chapter 13 case, in which a plan was never confirmed, remained property of the debtor's estate under 11 U.S.C. § 1306, or became property of the debtors under 11 U.S.C. § 348(f).
Ruling: 
Postpetition wages paid to chapter 13 trustee in case where plan was never confirmed became property of the debtors.
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In re Milligan

Bankruptcy debtors'vehicle was involved in an accident and deemed a total loss by the debtors'insurer, and the bankruptcy trustee received the insurance proceeds. A creditor allegedly secured by the vehicle requested the proceeds from the trustee, but the creditor did not request relief from the court, and the trustee moved for a determination of secured status and for a surcharge for administration under 11 U.S.C. § 506(c).
Ruling: 
Trustee was entitled to surcharge against creditor's interest in debtor's insurance proceeds as creditor had not requested timely relief from bankruptcy court.
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