Judge Lifland

In re Dana Corp.

A corporate debtor and its affiliated companies filed a petition for relief under chapter 11 of the Bankruptcy Code. The court established a deadline for filing proofs of claims, and 21 months after that deadline passed, movant claimant filed a motion for an order allowing him to amend an informal proof of claim or, in the alternative, permitting him to file a late-filed proof of claim. The debtors opposed the motion.
Ruling: 
Late filed proof of claim disallowed due to prejudice to emerged debtor and other creditors.
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Commercial case opionion summary, case decided on July 23,2008, LexisNexis #0908-128

In re Calpine Corp.

The debtors, a group of related companies, filed for bankruptcy relief under chapter 11 of the United States Bankruptcy Code. The debtors submitted a proposed plan, discovery ensued, and a plan was confirmed. The objecting shareholders filed a motion for a limited stay pending appeal of the confirmation order and plan modification order.
Ruling: 
Stay pending appeal of confirmation order by holders of 5% of debtors' stock who did not participate in confirmation process denied.
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Commercial case opionion summary, case decided on January 24,2008, LexisNexis #0208-129

In re Calpine Corp.

Bankruptcy debtors, a corporation and certain of its subsidiaries, proposed a plan of reorganization which involved consolidation of the debtors'estates, continued existence of the debtors, and creation of a new credit facility. The debtors sought confirmation of the plan.
Ruling: 
Sixth amended joint plan of reorganization approved.
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Commercial case opionion summary, case decided on December 19,2007, LexisNexis #0208-016

Calpine Corp. v. Rosetta Res. Inc. (In re Calpine Corp.)

Plaintiff chapter 11 debtor filed a complaint seeking to avoid the transfer of its property to defendant transferee pursuant to 11 U.S.C. § 548 and 11 U.S.C. § 544. The transferee moved pursuant to Fed. R. Civ. P. 12(b)(1) and (6), or in the alternative, an order staying the adversary proceeding, pending the determination of whether creditor claims would be satisfied in full pursuant to the proposed plan of reorganization.
Ruling: 
Avoiding transfer of substantially all of debtor's oil and gas assets could add equity to reorganized company to benefit of creditor.
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Commercial case opionion summary, case decided on October 24,2007, LexisNexis #1107-133

In re Calpine Corp.

Movant, the Official Equity Committee of a group of affiliated debtors, sought a stay pending appeal of the court's order approving the adequacy of the debtors'disclosure statement and related solicitation procedures. At issue, inter alia, was whether the Equity Committee was entitled to a stay under Fed. R. Bankr. P. 8005 and , if so, whether a bond was properly required to be posted in connection therewith.
Ruling: 
Equity committee did not establish right to stay pending appeal to contest updated valuation.
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Commercial case opionion summary, case decided on October 04,2007, LexisNexis #1107-022

In re Dana Corp.

The United States of America ("Government") moved for a stay of the debtors'objection to the Government's proofs of claim and the related estimation procedures pending a decision from the district court on the Government's motion to withdraw the reference. The Government brought its claims under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA").
Ruling: 
Government's CERCLA claims were not subject to mandatory withdrawal.
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Commercial case opionion summary, case decided on October 03,2007, LexisNexis #1107-021

In re Bear Stearns High-Grade Structured Credit Strategies Master Fund Ltd.

Petitioners, the joint provisional liquidators of debtor investment funds, moved, pursuant to 11 U.S.C. § 1515, for entry of orders recognizing the liquidation of the funds in foreign proceedings in the Grand Court of the Cayman Islands as foreign main proceedings pursuant to 11 U.S.C. § 1517 and granting relief pursuant to 11 U.S.C. §§ 1520 and 1521(a).
Ruling: 
Chapter 15 proceeding not necessary where foreign proceedings were not "foreign main proceedings" and center of main interests of debtor fund was the U.S.
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In re Lionel LLC

Before the court, inter alia, was debtors'motion to estimate proof of claim number 55 (the Trade Secrets Damages Claim), filed by a claimant pursuant to 11 U.S.C. § 502(b) and (c), and Fed. R. Bankr. P. 3007. Also pending was a motion to expunge proof of claim numbers 54 (the Interest Claim) and 56 (the Legal Fees Claim) filed by the claimant under 11 U.S.C. § 502(b) and Fed. R. Bankr. P. 3007.
Ruling: 
Estimation of trade secrets damaged claim appropriate where retrial of issues was likely to cause years of delay.
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In re Dana Corp.

A creditor filed a motion under Fed. R. Bankr. P. 9006(b), seeking enlargement of time it had under 11 U.S.C. § 503(b)(9) to file claims for the sale of goods delivered to a corporation and affiliated corporations (debtors) during the 20-day period preceding the date the debtors filed for bankruptcy.
Ruling: 
Extension of time to file claims denied where creditor received sufficient notice.
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In re Dana Corp.

The court entered a reclamation order, establishing procedures for resolving reclamation claims. The debtors filed a notice and proposed reconciliation of some 132 reclamation claims, asserting a prior lien defense to the claims. The reclamation claimants, parties that had supplied prepetition goods to the debtors in the course of business just prior or during the debtors'insolvency, filed objections to the reclamation notice.
Ruling: 
Reclamation claims against goods disposed of to pay prior lienholders were valueless.
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