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Judge Walrath

DHP Holdings II Corp. v. Peter Skop Indus. Inc . (In re DHP Holdings II Corp.)

Plaintiff chapter 11 debtors filed an adversary proceeding against defendant buyer, alleging breach of contract and seeking an order under 11 U.S.C.S. § 542 which required the buyer to turn over property it held, and an order under 11 U.S.C.S. § 502(d) that disallowed any claims the buyer filed. The buyer asked the court to abstain from hearing the case.
Ruling: 
Bankruptcy court abstained from adversary proceeding concerning primarily state law that would not significantly affect administration of the estate.
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Commercial case opionion summary, case decided on August 13,2010, LexisNexis #0910-030

In re Flying J Inc.

Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A bank filed an objection to the debtor's plan because it proposed to pay a mortgage on a house he inherited from his mother under his plan, and also filed a motion for relief from the automatic stay.
Ruling: 
Net operating loss earned postpetition, carried back and applied against prepetition income, was a prepetition claim that could be set off against prepetition taxes owed.
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Commercial case opionion summary, case decided on December 28,2009, LexisNexis #0210-121

In re Washington Mutual Inc.

The debtors, parent and subsidiary corporations, filed objections to the claim of creditor, the media arm of a sports and theater complex, which filed a proof of claim in the bankruptcy case against one of the debtors, in the amount of $ 7,596,726 pursuant to a pre-petition five year contract for naming rights and sponsorship of a theater.
Ruling: 
Claim based on contract for naming rights and sponsorship of theater allowed where debtor's authorized agent was signatory.
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Commercial case opionion summary, case decided on December 15,2009, LexisNexis #0110-077

In re Washington Mutual Inc.

Movant, the creditor purchasing substantially all of the debtor's assets, sought to compel the debtor's note holders group to comply with the notice requirements of Fed. R. Bankr. P. 2019(a), because it was an entity or committee representing more than one creditor, similar to an ad hoc creditors committee or a shareholder's committee.
Ruling: 
Note holders' group was an "entity" that could be compelled to comply with notice requirements.
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Commercial case opionion summary, case decided on December 02,2009, LexisNexis #1209-106

Buckley v. Merrill Lynch & Co. (In re DVI Inc.)

Plaintiff chapter 11 trustee sued defendant loan provider and special purpose subsidiaries, alleging breach of fiduciary duties and seeking to avoid and recover alleged preferential and fraudulent transfers. The provider and subsidiaries moved to dismiss the claims.
Ruling: 
Dismissal of preferential and fraudulent transfer proceedings denied.
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Commercial case opionion summary, case decided on September 16,2008, LexisNexis #1008-064

In re Buffets Holdings Inc.

Before the court was debtors' motion for approval of the assumption and assignment of an unexpired lease of non-residential real property located in Warrington, Pennsylvania, and debtors' first and third motions for authority to reject certain non-residential real property leases, including property located in Moline, Illinois, and Muskegon, Michigan. The motions were opposed by two lessors.
Ruling: 
Debtors could not assume and assign selected unexpired leases that were actually integrated into mater leave.
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Commercial case opionion summary, case decided on May 16,2008, LexisNexis #0608-059

CDI Trust v. U.S. Elec. Inc. (In re Communication Dynamics Inc.)

Plaintiff liquidating trust filed a complaint against defendant seeking, inter alia: (1) an accounting and turnover of the amounts due under certain notes; (2) to compel defendant to pay the full value of the notes; (3) recovery of damages for defendant's breach of the notes; and (4) a declaratory judgment that defendant had no right of setoff against the notes. The trust moved for summary judgment.
Ruling: 
Rejection damages claim was a prepetition claim subject to setoff against prepetition debt owed to debtor.
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Commercial case opionion summary, case decided on February 21,2008, LexisNexis #0308-101

EBC I Inc. v. Americal Online Inc. (In re EBC I Inc.)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant Internet service provider (ISP), seeking to recover amounts paid to the ISP for online advertising services prior to the ISP's termination of the parties'agreement as fraudulent transfers under former 11 U.S.C. § 548(a)(1). The bankruptcy court conducted a trial.
Ruling: 
Payments to internet service provider for on-line advertising were not avoidable as fraudulent.
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Commercial case opionion summary, case decided on January 10,2008, LexisNexis #0208-098

In re APW Enclosure Sys.

Debtor's counsel filed a motion to reconsider a prior order that disallowed, in part, counsel's final application for compensation for services rendered and reimbursement of expenses.
Ruling: 
Failure of debtor's counsel to obtain court approval of sale procedures mandated a reduction in fees.
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Commercial case opionion summary, case decided on October 23,2007, LexisNexis #1107-038

In re FLYi Inc.

A distribution trust for chapter 11 debtors objected to the claim filed by a former landlord for lease rejection damages pursuant to 11 U.S.C. § 502(b)(6).
Ruling: 
Sale of premises by landlord terminated any claim for unpaid rent or rejection damages against debtor.
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Commercial case opionion summary, case decided on October 17,2007, LexisNexis #1107-043

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