Commercial

Ellingsworth Residential Cmty. Ass’n, In re

Ruling: 
Subchapter V plan confirmed as fair and equitable where there was a high likelihood thedebtor would make payments and the plan provided adequate protection to creditors.(Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on October 16,2020, LexisNexis #1220-019

NNN 400 Capital Ctr. 16, LLC, In re--NNN 400 Capital Ctr., LLC v. Wells Frago Bank, N.A.

Ruling: 
Motion to request taxable costs granted were the costs sought were allowable andreasonably necessary to the litigation. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 21,2020, LexisNexis #1220-023

United Tax Grp., LLC, In re

Ruling: 
Removal of the trustee was denied as the court could not conclude that the trustee’sstatements were false and made with intent to deceive the court as alleged. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-002

Cook & Sons Mining, Inc., In re

Ruling: 
Special counsel was not entitled to a contingent fee on a contract-based reimbursement ofunearned premiums for insurance coverage as his work had nothing to do with a contractbased recovery. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-003

West Pace, LLC, In re

Ruling: 
Creditor was entitled to relief from the automatic stay as the court concluded that debtor'spetition was not filed in good faith. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-004

Giga Watt, Inc., In re

Ruling: 
Bankruptcy estate had a legal and/or equitable interest in equipment as debtor and Chapter11 trustee exclusively maintained possession and control of the property and excludedothers from possessing or controlling the property. (Bankr. E.D. Wash.)
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Commercial case opionion summary, case decided on October 20,2020, LexisNexis #1220-006

Twiford Enters., In re--Twiford Enters. v. Rolling Hills Bank & Trust

Ruling: 
Bankruptcy court did not err in awarding post-judgment interest to creditor bank. (B.A.P.10th Cir.)
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Commercial case opionion summary, case decided on October 15,2020, LexisNexis #1220-008

Greektown Holdings, LLC, In re--Buchwald Capital Advisors, LLC v. Papas

Ruling: 
Safe harbor provision did not bar trustee’s avoidance proceeding as neither party to thetransfer was a financial institution. (Bankr. E.D. Mich.)[1]-The safe harbor provision of 11 U.S.C. § 546(e) did not bar plaintiff's trustee's adversary proceedingseeking to avoid and recover pre-petition transfers from the debtor to defendants as fraudulent becausethe transfer the trustee sought to avoid was a 2005 transfer from the debtor to defendants, the 2005transaction fell outside of the § 546(e) safe harbor because neither the transferor (the debtor) or thetransferee (defendants) were a financial institution or other covered entity, defendants failed to establishthat the 2005 transaction was "for the benefit" of a financial institution, and defendants failed to provethat the debtor was deemed to be a "financial institution" under 11 U.S.C. § 101(22)(A).Greektown Holdings, LLC, In re--Buchwald Capital Advisors, LLC v. Papas, 2020 Bankr. LEXIS 2938 (Bankr. E.D.Mich. October 19, 2020) (Oxholm, B.J.).
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-012

Mcm, Inc., In re--Ahlgren v. Johnson

Ruling: 
Creditor’s fraudulent transfer proceeding dismissed with prejudice as he did not meet hisburden to show that defendant was an insider. (Bankr. D.N.D.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on October 13,2020, LexisNexis #1220-013

McM, Inc., In re--Ahlgren v. Blomquist

Ruling: 
Court determined value of debtor’s personal property and allocation of real estate saleproceeds in accordance with settlement agreement. (Bankr. D.N.D.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-014

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