Judge Sontchi

Guiliano v. Almond Inv. Co. (In re Carolina Fluid Handling Intermediate Holding Corp.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant supplier of parts for bankruptcy debtors' fuel systems business, seeking to avoid payments by the debtors to the supplier for parts delivered prior to the debtors' bankruptcy petition as preferential transfers pursuant to 11 U.S.C.S. § 547(b). The supplier moved for summary judgment.
Ruling: 
Payments pursuant to executory contract assumed by debtor could not be avoided as preferential.
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Commercial case opionion summary, case decided on March 14,2012, LexisNexis #0412-126

In re USDigital Inc.

Chapter 7 trustee filed an adversary proceeding against defendants, several individuals and businesses, and three individuals and one of the businesses asked the court to determination if six counts pending against them were core or non-core proceedings. The court addressed the question of whether the trustee's count seeking equitable subordination of claims under 11 U.S.C.S. § 510(c) was a core or a non-core proceeding.
Ruling: 
Determination that claims were subject to equitable subordination was a core proceeding.
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Commercial case opionion summary, case decided on December 20,2011, LexisNexis #0112-049

In re Ace Mortg. Funding LLC

Before the court in debtor's Chapter 7 case was a motion filed by a landlord seeking allowance and payment as an administrative expense of unpaid post-petition rent pursuant to 11 U.S.C.S. § 503(b)(1)(A). The Chapter 7 trustee asserted two defenses to the motion.
Ruling: 
Landlord not entitled to administrative expense claim for rent due where landlord took possession and control of the premises.
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Commercial case opionion summary, case decided on April 27,2011, LexisNexis #0511-113

Compass Bank v. North Am. Petroleum Corp. USA (In re North Am. Petroleum Corp. USA)

Debtors' adversary complaint sought rulings as to the meaning and effect of a capital recovery agreement (CRA) with defendant oil and gas exploration companies (OG1 and OG2) and relief from obligations claimed to have been assumed thereunder. OG2 sought payment of amounts allegedly due to it under the CRA as administrative expenses (AEs) per 11 U.S.C.S. § 503(b)(1)(A) and 11 U.S.C.S. § 507(a)(2). Other parties included banks that had intervened.
Ruling: 
Oil and gas exploration company allowed administrative expense claim for salt water disposal costs under voided agreement with debtor.
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Commercial case opionion summary, case decided on February 18,2011, LexisNexis #0311-045

In re Miller

Creditor, which held a purchase money security interest in a chapter 7 debtor's vehicle, filed a motion for relief from stay against the debtor.
Ruling: 
Relief from stay granted where debtor failed to indicate intention to surrender, reaffirm or redeem or assume unexpired lease.
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Consumer case opionion summary, case decided on January 05,2011, LexisNexis #0211-010

Payne v. Lampe (In re Lampe)

Plaintiff, in his capacity as custodian for chapter 11 debtor's granddaughter, sought a determination that the debt underlying his claim was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(4). The debtor objected to the claim which plaintiff filed in his capacity as custodian for the granddaughter against the estate.
Ruling: 
Debtor did not breach fiduciary duty to granddaughter for whom he was custodian of stock in company of which he was a director.
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Consumer case opionion summary, case decided on November 19,2010, LexisNexis #1210-119

In re Capmark Fin. Group Inc.

Debtors, a financial group and its subsidiaries and affiliates, filed petitions under Chapter 11 of the Bankruptcy Code, and operated their businesses as debtors in possession. The debtors negotiated an agreement to settle secured claims that were filed by several lenders, and they asked the court to approve that agreement under Fed. R. Bankr. P. 9019. An Official Committee of Unsecured Creditors opposed the debtors' motion.
Ruling: 
Settlement with secured lenders approved over objections of official committee of unsecured creditors.
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Commercial case opionion summary, case decided on November 01,2010, LexisNexis #1110-138

In re Leslie Controls Inc.

Before the court was the confirmation of Chapter 11 debtor's first amended plan of reorganization.
Ruling: 
Plan proposing creation of trust to assume all liability for numerous asbestos claims against debtor confirmed.
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Commercial case opionion summary, case decided on October 29,2010, LexisNexis #1110-124

Burtch v. Detroit Forming Inc. (in re Archway Cookies)

Plaintiff chapter 7 trustee brought this adversary action pursuant to 11 U.S.C.S. §§ 547 and 550 against defendant, a supplier of plastic trays to debtors, seeking to avoid and recover as preferential certain transfers made by the debtor to the supplier. The supplier filed a motion for summary judgment.
Ruling: 
Debtor's preference period payments to supplier were not avoidable pursuant to ordinary course of business exception.
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Commercial case opionion summary, case decided on September 01,2010, LexisNexis #0910-125

In re Global Container Lines Ltd.

The court conducted a hearing (the "Disclosure Hearing") upon debtor's request for entry of an order approving the Disclosure Statement, approving the procedures for voting upon the Plan as contained in the Disclosure Statement, approving the Ballot for voting upon the Plan, scheduling a hearing on confirmation of the Plan (the "Confirmation Hearing"), and approving the form of notice of the Confirmation Hearing.
Ruling: 
Disclosure statement for second amended chapter 11 plan approved as containing "adequate information."
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Commercial case opionion summary, case decided on August 19,2010, LexisNexis #0111-064

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