Judge Humrickhouse

In re Sea Trail Corp.

A corporate bankruptcy debtor asserted that its longtime counsel properly represented the debtor in prior matters involving corporate, employee, labor, and other general business matters pertaining to the daily operation of the debtor. The debtor moved for approval to employ counsel as special counsel to the debtor pursuant to 11 U.S.C.S. § 327(e).
Ruling: 
Application to employ debtor's long-time general counsel denied absent specified special purpose.
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Commercial case opionion summary, case decided on December 09,2011, LexisNexis #0112-039

In re Zephyr Land Holdings LLC

The court held hearings on the confirmation of the debtor's chapter 11 plan. A creditor objected to the confirmation, in part because the debtor did not have a qualifying accepting impaired class to proceed to cram down under 11 U.S.C.S. § 1129(b).
Ruling: 
Confirmation denied due to lack of qualifying accepting impaired class for cramdown.
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Commercial case opionion summary, case decided on November 03,2011, LexisNexis #0112-060

In re Burton

Debtor filed a motion to reopen his chapter 7 case pursuant to 11 U.S.C.S. § 350(b) and to amend his schedules pursuant to Fed. R. Bankr. P. 9006(b)(1) in order to list a personal injury claim.
Ruling: 
Debtor granted permission to open chapter 7 case to amend schedules to list personal injury action.
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Consumer case opionion summary, case decided on November 03,2011, LexisNexis #0112-005

In re Croatan Surf Club LLC

Creditors secured by a bankruptcy debtor's condominium building entered into an agreement which subordinated a second lien creditor's security interest to a first lien creditor's interest, and provided that the first lien creditor could vote the subordinate debt in the event of the debtor's bankruptcy. Both the first and second lien creditors voted the subordinate debt, and the first lien creditor moved for authority to vote the subordinate debt.
Ruling: 
First lien creditor could not vote subordinated debt on plan despite terms of subordination agreement with second lien creditor.
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Commercial case opionion summary, case decided on October 25,2011, LexisNexis #0112-059

BKDean Props. LLC v. Royal Bank Am. (In re Croatan Surf Club LLC)

Plaintiff bank filed multiple actions in the Court of Common Pleas for Montgomery County, Pennsylvania, seeking order which required defendant guarantors to pay a debt that was owed by an LLC that declared chapter 11 bankruptcy. The LLC removed the cases to the bankruptcy court, pursuant to 28 U.S.C.S. § 1452(a), and the bank filed motions to strike the LLC's notices of removal or, in the alternative, to remand the cases to state court.
Ruling: 
Debtor LLC could not remove cases filed by creditor in state court against guarantors of LLC's construction financing.
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Commercial case opionion summary, case decided on August 10,2011, LexisNexis #0112-101

In re Murray

The chapter 11 debtors filed a motion for an order allowing them to use cash collateral pursuant to 11 U.S.C.S. § 363 and allowing a creditor's request for adequate protection. An objection was filed by the creditor.
Ruling: 
Rents were property of the estate despite collateral assignment so that debtor could use rents as cash collateral.
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Consumer case opionion summary, case decided on May 24,2011, LexisNexis #0611-079

Garris v. Chase Bank USA (In re Garris)

Plaintiff chapter 13 debtor filed a motions for entry of default and judgment by default in his adversary proceeding against defendant creditor.
Ruling: 
Default motions treated as objections to proof of claim based on discharged debt and were sustained.
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Consumer case opionion summary, case decided on May 17,2011, LexisNexis #0611-045

In re Greg Adams Enters. Inc.

A creditor filed a motion to dismiss or convert a Chapter 11 debtor's case for cause pursuant to 11 U.S.C.S. § 1112(b)(1) and (4)(A).
Ruling: 
Creditor sublessor's motion to dismiss or convert chapter 11 case denied where debtor negotiated direct lease with prime lessor to provide premises for reorganization.
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Commercial case opionion summary, case decided on May 02,2011, LexisNexis #0511-129

In re Harvest Oaks Drive Assocs. LLC

Pursuant to 11 U.S.C.S. § 363, petitioner debtor, which was a debtor in possession that owned and operated a shopping center, filed a motion seeking authorization to use cash collateral to fund the ongoing operations of the business. Respondent creditor, a secured lender, contested the motion. The court entered its findings of fact and conclusions of law.
Ruling: 
Cash collateral order granted to debtor shopping center owner and operator over creditor's objection.
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Commercial case opionion summary, case decided on April 30,2011, LexisNexis #0611-113

In re TP Inc.

In a debtor's chapter 11 case, a creditor moved to appoint a trustee pursuant to 11 U.S.C.S. § 1104 or , alternatively, to convert to chapter 7 pursuant to 11 U.S.C.S. § 1112. The creditor also moved for disbursement of funds. The bankruptcy administrator moved for conversion under § 1112 or for dismissal.
Ruling: 
Chapter 11 trustee appointed due to mismanagement of affairs, failure to maintain property and failure to pay quarterly fees.
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Commercial case opionion summary, case decided on April 21,2011, LexisNexis #0511-095

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