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Judge Jernigan

In re Staxxring Inc.

The court held a hearing on the Motion to Dismiss Involuntary Petition filed by Alleged Debtor. On the other side of the Motion were the Petitioning Creditors.
Ruling: 
Involuntary case dismissed where only two petitioning creditors had claims not subject to bona fide dispute.
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Commercial case opionion summary, case decided on May 28,2010, LexisNexis #0910-002

Reed v. Cooper (In re Cooper)

Chapter 7 trustee and a creditor filed an adversary proceeding seeking the revocation of the debtor's discharge granted in 1999, and seeking turnover of the proceeds of sales of real property of the estate, as well as damages, as a result of the debtor's alleged postdischarge fraud, pursuant to 11 U.S.C.S. § 727(d)(2) and (3).
Ruling: 
Discharge revoked due to debtor's failure to turn over proceeds of sale of real property.
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Consumer case opionion summary, case decided on March 10,2010, LexisNexis #0510-105

In re Erickson Ret. Cmtys. LLC

Debtors, various LLCs and other entities, filed petitions under chapter 11 of the Bankruptcy Code, and the court ordered joint administration of the debtors' bankruptcy estates. Creditors that held subordinated debt against several of the debtors, filed a motion for an order appointing an examiner pursuant to 11 U.S.C.S. § 1104. The motion was opposed, inter alia, by a bank that was the agent for senior secured lenders.
Ruling: 
Motion for appointement of examiner denied for lack of standing.
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Commercial case opionion summary, case decided on March 05,2010, LexisNexis #0510-098

Yaquinto v. Arrow Fin. Servs. (In re Brook Mays Music Co.)

Plaintiff Chapter 7 trustee filed an adversary proceeding against defendant financial services company, claiming that three payments a music company made to the financial services company before the music company declared bankruptcy were avoidable as preferential transfers under 11 U.S.C.S. § 547(b) or as fraudulent transfers under 11 U.S.C.S. § 548(a)(1). The financial services company filed a motion for summary judgment.
Ruling: 
Payments to financial services company within 90 days of petition date were avoidable except to the extent that new value was provided.
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Commercial case opionion summary, case decided on October 15,2009, LexisNexis #1209-126

In re Hallwood Energy LP

After the debtors filed for chapter 11 bankruptcy relief, a secured creditor moved for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) and (2) in order to exercise its state law and contractual rights with regard to the debtors' properties.
Ruling: 
Stay lifted to allow creditor to proceed against properties in which debtor lacked equity and which were not necessary to an effective reorganization.
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Commercial case opionion summary, case decided on July 01,2009, LexisNexis #0909-077

In re Knight Energy Corp.

In a core proceeding pursuant to 28 U.S.C.S. § 157(b)(2), the court issued post-hearing findings of fact and conclusions of law on chapter 11 debtors' emergency motion to authorize the debtors to use cash collateral. Movant secured creditor sought to lift the automatic stay imposed by 11 U.S.C.S. § 362(d)(2) and to prohibit the debtors' use of cash collateral.
Ruling: 
Debtor authorized to use cash collateral subject to provision of adequate protection to creditors.
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Commercial case opionion summary, case decided on June 26,2009, LexisNexis #0809-076

In re Gulley

Two debtors filed separate petitions under chapter 13 of the Bankruptcy Code, and an assignee filed proofs of claim against both bankruptcy estates. The first debtor filed objections to the assignee's proofs, claiming that they were untimely and insufficient. The second debtor also filed an objection to the assignee's proof, claiming that it was insufficient.
Ruling: 
Court could extend bar date to allow additional proof of claim once dismissed case was reopened .
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Consumer case opionion summary, case decided on March 03,2009, LexisNexis #0509-097

In re Castellaw

The trustee filed a motion to dismiss debtors' Chapter 7 case pursuant to 11 U.S.C.S. §§ 707(b)(1) and (b)(3) on the grounds that granting a chapter 7 discharge would be an abuse of the provisions of chapter 7 under the totality of the circumstances of the debtors' financial situation and/or because the debtors filed their case in bad faith.
Ruling: 
Chapter 7 case dismissed for abuse based on totality of circumstances including eve of filing purchases and lack of candor.
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Consumer case opionion summary, case decided on February 10,2009, LexisNexis #0409-011

In re Coyote Ranch Contrs. LLC

The chapter 7 trustee filed an application for the allowance of fees and reimbursement of expenses related to the debtor's case. The largest creditor in the case objected to the application.
Ruling: 
Chapter 7 trustee awarded reasonable compensation using "commission-style" approach.
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Commercial case opionion summary, case decided on January 21,2009, LexisNexis #0309-004

In re MD Promenade Inc.

A landlord sued the chapter 11 debtor, the debtors' principals, and a secured creditor, seeking damages pursuant to 11 U.S.C.S. § 362(k) for willful violation of the automatic stay. The landlord asserted that the debtor, principals, and creditor had removed property from the leased restaurant premises.
Ruling: 
Debtor and secured creditor sanctioned for removing estate property from leased premises.
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Commercial case opionion summary, case decided on January 08,2009, LexisNexis #0209-071

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