Judge Lane

In re Arcapita Bank

Ruling: 
Rights under agreement to purchase shares in debtors' wholly owned indirect subsidiary were not basis for a proof of claim.
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Commercial case opionion summary, case decided on May 20,2014, LexisNexis #0614-036

In re Genco Shipping & Trading Ltd.

Ruling: 
Restructuring support agreement was a prepackaged plan which could be assumed as authorized by the Bankruptcy Code and as a valid exercise of debtor's business judgment.
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Commercial case opionion summary, case decided on May 16,2014, LexisNexis #0614-084

In re Sterling

Ruling: 
Relief from stay to foreclose granted but in rem relief denied absent scheme to hinder, delay or defraud.
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Consumer case opionion summary, case decided on December 22,2013, LexisNexis #0116-076

Fjord v. AMR Corp. (In re AMR Corp.)

Ruling: 
Settlement of Department of Justice's antitrust action against debtor airline over proposed merger approved after denial of temporary restraining order.
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Commercial case opionion summary, case decided on November 27,2013, LexisNexis #1213-104

In re Lin

Ruling: 
Case dismissed for bad faith due to debtor's dishonesty in avoiding IRS debt and because case involved a two-party dispute.
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Consumer case opionion summary, case decided on October 18,2013, LexisNexis #1113-099

In re AMR Corp.

Ruling: 
Chapter 11 plan could pay professional fees of member of unsecured creditors' committee but not severance to debtor airline's outgoing CEO.
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Commercial case opionion summary, case decided on September 13,2013, LexisNexis #1013-007

In re Garris

Ruling: 
Bankruptcy court could not compel trustee to pay legal fees directly to debtors' attorneys pursuant to "assignment of rights" signed by debtor.
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Consumer case opionion summary, case decided on September 05,2013, LexisNexis #0913-134

Davis v. R.A. Brooks Trucking Co. (In re Quebeqcor World (USA) Inc.)

The litigation trustee for chapter 11 debtors' jointly administered estate brought an adversary complaint to avoid and recover ten alleged preferential transfers totaling $117,370 made during the 90 day period before the debtors filed its chapter 11 case, plus prejudgment interest of $15,191.09, from defendant creditor. The trustee moved for summary judgment, and creditor opposed the motion.
Ruling: 
Preference period invoice payments not made in accordance with contract terms were not made in the ordinary course of business and were avoidable.
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Commercial case opionion summary, case decided on April 23,2013, LexisNexis #0513-057

Davis v. All Points Packaging & Distrib. (In re Quebeqcor World (USA) Inc.)

Litigation trustee under bankruptcy debtors' plan brought an adversary proceeding against defendant transferee of funds from the debtors alleging that a payment to the transferee was avoidable as a preferential transfer, and the transferee asserted that the payment was made in the ordinary course of business and was thus not avoidable under 11 U.S.C.S. § 547(c)(2). The trustee and the transferee cross-moved for summary judgment.
Ruling: 
Payment made beyond pre-preference period average was not made in ordinary course of business and was avoidable.
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Commercial case opionion summary, case decided on April 22,2013, LexisNexis #0513-058

In re Amr Corp.

Debtors, an airline and its parent company, filed petitions under chapter 11 of the Bankruptcy Code, and movant claimant filed a late claim against the airline's bankruptcy estate and asked the court to enter an order under Fed. R. Bankr. P. 9006(b)(1) and 11 U.S.C.S. § 105(a) which extended the deadline it had for filing its claim and allowed the claim. The debtors opposed the claimant's motion.
Ruling: 
Claim filed more than three months after bar date disallowed.
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Commercial case opionion summary, case decided on April 22,2013, LexisNexis #0513-070

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