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Velasquez v. Hanes PR Inc. (In re Velasquez)

Ruling
State court action against corporation did not violate stay in case of individual debtors.
Procedural posture

Plaintiff debtors filed an adversary proceeding against defendants, a creditor and its attorney, for willful violation of the automatic stay by having moved the local court to continue a collection of money proceeding against debtors. Defendants moved to dismiss, alleging that there was no violation of the automatic stay, and also filed a motion requesting sanctions against the debtors under Fed. R. Bankr. P. 9011.

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Consumer opinion summary, case decided on July 02, 2010 , LexisNexis #0910-040

In re Hermanos Torres Perez Inc.

Ruling
Extension of exclusivity period for filing plan did not automatically extend acceptance period.
Procedural posture

In a chapter 11 bankruptcy proceeding, a creditor filed a motion on April 22, 2010 for leave to file a competing chapter 11 plan. The debtor opposed the request on the basis that a December 4, 2009 order extending the exclusivity period under 11 U.S.C.S. § 1121(d) applied not just to the filing but to the acceptance of the plan.

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Commercial opinion summary, case decided on June 02, 2010 , LexisNexis #0810-029