Judge Lynn

In re Spirit of Prayer Ministries Inc.

The debtor filed an objection to a general unsecured claim brought on behalf of the decedent's estate of a judgment creditor, in the amount of $ 290,728.49.
Ruling: 
Objection to judgment claim by decedent's estate overruled.
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Commercial case opionion summary, case decided on September 23,2009, LexisNexis #1109-010

In re Pilgrims Pride Corp.

The debtors in possession, producers and marketers of chicken products, filed objections to claims brought pursuant to 11 U.S.C.S. § 503(b)(9), by trucking, electric, water, and gas companies who dealt with the debtors pre-petition. The issue was whether those claims qualified for administrative priority treatment pursuant to § 503(b)(9).
Ruling: 
Claims by water and gas companies against corporate debtor for deliveries within 20 days of petition date entitled to priority status.
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Commercial case opionion summary, case decided on September 16,2009, LexisNexis #1009-041

In re Pilgrims Pride Corp.

Plaintiff claimants filed a motion seeking transfer of claims they filed against chapter 11 debtors' bankruptcy estates to the U.S. District Court for the Western District of Arkansas, El Dorado Division. The debtors joined the claimants' motion.
Ruling: 
Debtor's motion for estimation of Fair Labor Standards Act claim transferred to district court where the underlying action was pending.
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Commercial case opionion summary, case decided on September 10,2009, LexisNexis #1009-058

In re Daughtery

Debtors, a husband and wife, filed a petition under chapter 7, and the United States Trustee (UST) filed a motion to dismiss the debtors' bankruptcy case, pursuant to 11 U.S.C.S. § 707(b), claiming, inter alia, that it would have been an abuse of chapter 7 to allow the debtors to discharge their debts under that chapter.
Ruling: 
United States Trustee's motion for denial of discharge on grounds of abuse denied where debtor's difficulties were rooted in efforts on behalf of daughters from prior marriage.
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Consumer case opionion summary, case decided on September 08,2009, LexisNexis #1009-089

International Beauty Prods. LLC v. Beveridge (In re Beveridge)

Plaintiff former employer filed two adversary proceedings against defendant chapter 7 debtors, a husband and wife, seeking a determination that property the debtors claimed as exempt under 11 U.S.C.S. § 522(b)(2) and Texas law was not exempt, and that debts the debtors owed the former employer were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The court combined the adversary proceedings for trial.
Ruling: 
Constructive trust securing nondischargeable debt established in favor of debtor's employer on the debtor's home and a car purchased for debtor's wife with funds fraudulently obtained from employer.
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Consumer case opionion summary, case decided on July 30,2009, LexisNexis #0909-050

In re Martin

Before the court was debtor's motion to compel turnover of property pursuant to 11 U.S.C.S. § 542.
Ruling: 
Tax refund that was solely managed community property of non-debtor spouse was not subject to turnover.
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Consumer case opionion summary, case decided on July 02,2009, LexisNexis #0809-049

In re Four Bucks LLC

A debtor in possession operated an apartment complex and the debtor sought to use the rents collected from the property. The debtor moved for authorization to use cash collateral, and the debtor's lender objected on the ground that the estate did not have an interest in the rents.
Ruling: 
Debtor in possession could not use rents that were fully assigned to lender in loan documents.
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Commercial case opionion summary, case decided on June 29,2009, LexisNexis #0809-040

Green State Public Adjusters Inc. v. Wood (In re Wood)

A Florida corporation filed an adversary proceeding against chapter 7 debtors, seeking an order revoking the debtors' discharge. The debtors filed a motion to dismiss.
Ruling: 
Adversary proceeding for revocation of discharge was time barred and filed by corporation that lacked standing.
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Consumer case opionion summary, case decided on June 29,2009, LexisNexis #0809-068

In re Pilgrims Pride Corp.

Debtors, entities that were in the business of producing chicken products, filed petitions under chapter 11, and their cases were consolidated for joint administration. An ad hoc shareholders group (AHSG) filed a motion seeking an order directing the appointment of an official committee of equity security holders, pursuant to 11 U.S.C.S. § 1102(a). An official committee of unsecured creditors and a bank opposed the motion.
Ruling: 
Motion for appointment of official committee of equity security holders granted.
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Commercial case opionion summary, case decided on April 30,2009, LexisNexis #0609-125

In re Pilgrims Pride Corp.

Bankruptcy debtors-in-possession processed and packaged chicken which was sold on the wholesale market, and the debtors determined that reducing production at one of the debtors' plants was necessary to reduce losses. The debtors moved for authorization under 11 U.S.C.S. § 365(a) to reject certain executory contracts with chicken growers which supplied the plant, and the growers objected to the motion.
Ruling: 
Debtor chicken processor and packer's rejection of contracts with 11 growers allowed as based on sound business judgment rather than retaliation for discrimination complaint.
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Commercial case opionion summary, case decided on April 22,2009, LexisNexis #0609-006

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