Southern District

South Motor Co. v. Carter-Pritchett-Hodges Inc. (In re MMH Auto Group LLC)

Plaintiff purchaser of real property in a bankruptcy sale brought an adversary proceeding against defendant lessee under an unrecorded lease of a billboard on the property, seeking a determination that the sale was free and clear of the lessee's interest as stated in the sale order. The lessee asserted that it did not receive notice of the sale and that its interest survived the sale.
Ruling: 
Bankruptcy sale of property was free and clear of unrecorded lease.
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Commercial case opionion summary, case decided on March 18,2008, LexisNexis #0508-063

In re Ocean Blue Leasehold Prop. LLC v. Croley (In re Ocean Blue Leasehold Prop LLC)

Plaintiff debtor brought an adversary complaint against defendants, who were co-owners of the subject real property as tenants in common, seeking the entry of a final judgment authorizing the debtor to sell both the estate's interest and co-owners' interests in the property pursuant to 11 U.S.C.S. § 363(h). The co-owners, who each owned a 1/30 interest in the office building property, opposed the sale of their interests.
Ruling: 
Sale of property owned by debtors as tenants-in-common with co-owner of 1/30 interest authorized with payment to co-owner.
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Commercial case opionion summary, case decided on March 07,2008, LexisNexis #0408-111

Western Union Fin. Servs. v. Mascarenhas (In re Mascarenhas)

Plaintiff creditors filed an adversary proceeding against defendant debtor objecting to the dischargeability of an obligation pursuant to 11 U.S.C.S. § 523. The debtor filed a motion to dismiss, claiming that the adversary proceeding was not timely, pursuant to Fed. R. Bankr. P. 4007(c).
Ruling: 
Dischargeability proceeding dismissed as filed one day after expiration of 60-day deadline.
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Consumer case opionion summary, case decided on February 26,2008, LexisNexis #0408-065

In re Patriot Aviation Servs.

A law firm filed an application seeking allowance of $ 26,335 for legal fees as an administrative expense pursuant to 11 U.S.C.S. § 503(b)(3)(D) and (b)(4).
Ruling: 
Law firm representing itself not entitled to administrative claim for fees.
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Commercial case opionion summary, case decided on February 21,2008, LexisNexis #0408-042

In re Levitt & Sons LLC

Bankruptcy debtors in possession developed and sold single family homes in planned residential communities, and developments were in varying stages of completion. The debtors moved for authorization to obtain postpetition financing on a superpriority secured and priming basis from the debtors' primary prepetition lender, and junior lien holders objected to the motion.
Ruling: 
Postpetition financing for debtor-in-possession allowed as in best interests of the estate.
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Commercial case opionion summary, case decided on February 13,2008, LexisNexis #0408-041

In re Bryan Road LLC

A secured creditor of a chapter 7 debtor filed a motion for stay relief pursuant to 11 U.S.C.S. § 362, based upon a pre-petition consent to stay relief signed by the debtor.
Ruling: 
Prepetition agreement waving stay in event of bankruptcy was enforceable.
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Commercial case opionion summary, case decided on February 12,2008, LexisNexis #0308-108

In re First NLC Fin. Servs. LLC

The debtors filed an application requesting the entry of an order at the first- day hearings, prior to the 20th day post-petition, approving on an interim basis the employment of counsel for the debtors-in-possession until a final hearing could be convened. The United States Trustee (UST) objected.
Ruling: 
Interim employment of counsel for debtors-in-possession approved.
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Commercial case opionion summary, case decided on January 28,2008, LexisNexis #0608-093

In re Peralta Food Corp.

The debtor moved to reject a settlement agreement it had entered into with the creditor, a former employee of the debtor, as an executory contract. The sole issue was whether the settlement agreement could be construed as an executory contract that was subject to rejection by the debtor pursuant to 11 U.S.C. § 365.
Ruling: 
Settlement agreement was not an executory contract and not subject to rejection.
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Commercial case opionion summary, case decided on January 18,2008, LexisNexis #0208-110

In re Parada

Debtors' chapter 7 case was before the court on the U.S. Trustee's motion to dismiss pursuant to 11 U.S.C. § 707(b)(1).
Ruling: 
Chapter 7 case ordered converted or dismissed on grounds of abuse based on totality of circumstances.
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Consumer case opionion summary, case decided on January 10,2008, LexisNexis #0308-012

In re Mulally

The debtors filed for relief under chapter 13 and submitted a proposed chapter 13 plan. A creditor objected to the plan on the basis that it failed to include all of the debtors'projected disposable income, as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Confirmation denied where above-median debtors incorrectly calculated monthly disposable income.
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Consumer case opionion summary, case decided on December 19,2007, LexisNexis #0208-018

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