Judge Sontchi

In re Broadstripe LLC

The chapter 11 debtors filed an adversary proceeding against a cable television cooperative, seeking a declaration that a member agreement was an executory contract under 11 U.S.C.S. § 365 and that pursuant to the agreement, the cooperative was obligated to afford the debtors an opportunity to participate in certain new and existing master agreements. Pursuant to Fed. R. Bankr. P. 7065, the debtors moved for a preliminary injunction.
Ruling: 
Cable television cooperative member agreement was an executory contract.
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Commercial case opionion summary, case decided on March 10,2009, LexisNexis #0409-076

In re Goodys Family Clothing Inc.

Chapter 11 debtors objected to a claim filed by a creditor on the grounds that it was misclassified as an administrative claim under 11 U.S.C.S. § 503(b)(9).
Ruling: 
Service vendor was not entitled to administrative expense claim.
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Commercial case opionion summary, case decided on February 06,2009, LexisNexis #0309-078

In re American Home Mortg. Holdings Inc.

A professional retained by chapter 11 debtors under 11 U.S.C.S. § 327(a) sought reimbursement of certain expenses incurred by third-party vendors pursuant to 11 U.S.C.S. § 330(a)(1)(B).
Ruling: 
Postpetition fees of professional who performed foreclosure services for debtor mortgage originator were reimbursable.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #1208-074

In re Goodys Family Clothing Inc.

Debtors, a family clothing store and its affiliates, filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. Creditors, landlords that rented property to the debtors, filed administrative claims against the debtors' bankruptcy estates, pursuant to 11 U.S.C.S. § 503(b)(1). The debtors filed objections to those claims.
Ruling: 
Landlord's administrative expense claim for unpaid postpetition rent allowed.
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Commercial case opionion summary, case decided on August 26,2008, LexisNexis #0908-075

In re Baker

The debtors filed an emergency motion to reopen and for an order to show cause for willful violation of a court order for wrongful repossession of a motor vehicle. The debtors argued that the creditor wrongfully repossessed the debtors' motor vehicle after the debtors and the creditor timely entered into a reaffirmation agreement under 11 U.S.C.S. § 524.
Ruling: 
Creditor's repossession of vehicle was wrongful as pass-through option remains available under BAPCPA.
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Consumer case opionion summary, case decided on June 10,2008, LexisNexis #0708-045

In re Smale

The trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(2). The issue was whether the debtor could deduct, from his monthly disposable income, scheduled monthly payments for three of the four motor vehicles which he owned, but which he intended to surrender, or whether the presumption of abuse arose because the payments were not deductible.
Ruling: 
Payments on property to be surrendered could be deducted in calculating monthly disposable income.
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Consumer case opionion summary, case decided on June 09,2008, LexisNexis #0708-051

American Home Mortg. Inv. Corp. v. Lehman Bros. Inc. (In re American Home Mortg. Holdings Inc.)

Plaintiff debtor filed a complaint against defendants, a brokerage and related affiliates, for breach of contract, turnover of property of the estate, conversion, unjust enrichment, and declaratory judgment. The first three requests for declaratory judgment centered on whether the "safe harbor" protections of 11 U.S.C.S. §§ 559 and 555 applied to a transaction with the brokerage. The brokerage moved to dismiss.
Ruling: 
Safe harbor provisions applied to brokerage under master repurchase agreement with debtor.
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Commercial case opionion summary, case decided on May 23,2008, LexisNexis #0608-116

Calyon N.Y. Branch v. American Home Mortg. Corp. (In re American Home Mortg. Inc.)

Plaintiffs, security issuing banks and purchasers of mortgages, brought adversary claims against debtors, a mortgage company and its affiliates primarily entailed the origination, servicing, and sale of mortgage loans, investment in mortgage loans and mortgage-backed securities, asserting that the contract with the debtors constituted a repurchase (repo) agreement involving mortgage loans within the meaning of 11 U.S.C. §§ 555 and 559.
Ruling: 
Portion of repurchase agreement providing for servicing of loans was severable from sale and repurchase portion of agreement and not subject to safe harbor provisions.
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Commercial case opionion summary, case decided on January 04,2008, LexisNexis #0108-122

In re RNI Wind Down Corp.

A former officer of the corporate debtor filed a claim for indemnification and advancement of his defense costs incurred in a civil Securities Exchange Commission ("SEC") action in the Northern District of California, pursuant to debtor's corporate charter and Del. Code Ann. tit. 8, § 145. The plan administrator filed an objection seeking to disallow the claim pursuant to 11 U.S.C. § 502(e)(1)(B), as a contingent claim for reimbursement of debt.
Ruling: 
Claim by former officer of debtor for attorneys'fees received in SEC investigation was not subject to disallowance.
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In re RNI Wind Down Corp.

Debtor moved for an order, pursuant to Fed. R. Bankr. P. 9019, approving an amendment to a stipulation and agreement of settlement of multiple derivative actions in the district court. Intervenor, a dissenter from the settlement, moved for relief from the automatic stay pursuant to 11 U.S.C. § 362, concerning the series of derivative suits that were filed against debtor, its directors and officers.
Ruling: 
Bankruptcy court did not abstain from and approved amendment to stipulation and agreement of settlement of multiple derivatice actions.
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