Commercial

In re Globokar

Debtors filed a voluntary petition under chapter 11, and a reorganization plan. A creditor that held a secured interest in a vehicle one of the debtors owned filed a motion seeking relief from the automatic stay imposed by 11 U.S.C. § 362(a).
Ruling: 
Creditor not entitled to postconfirmation relief from stay to collect payments accrued between petition date and confirmation.
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Commercial case opionion summary, case decided on September 18,2007, LexisNexis #1007-073

Gazes v. Rosenthal & Rosenthal Inc. (In re AARM Corp.)

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant, a party with whom debtor had a factoring agreement (hereafter defendant), pursuant to 11 U.S.C. §§ 547(b), 548(a), 549, 550(a) and 502(d). Defendant filed a motion for partial summary judgment.
Ruling: 
Trustee's preference proceeding based on improvement in position test failed where creditor was fully secured on the 90th day prior to petition date.
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Commercial case opionion summary, case decided on September 14,2007, LexisNexis #1007-102

In re Strug-Division LLC

The debtors filed for relief under chapter 11. A secured creditor filed a motion to dismiss both bankruptcy cases. A consolidated trial was held and the court issued findings of fact and conclusions of law.
Ruling: 
Case dismissed for bad faith where proposed plans were not legally or economically feasible.
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Commercial case opionion summary, case decided on September 14,2007, LexisNexis #1007-089

In re Vantage.com

A debtor petitioned for relief under chapter 12 and submitted a plan of reorganization. Three creditors objected to the plan, and one of the creditors filed a motion for dismissal, conversion, or removal of the debtor as a debtor in possession.
Ruling: 
Organic vegetable grower's case ordered converted to chapter 7 on grounds of bad faith.
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Commercial case opionion summary, case decided on September 13,2007, LexisNexis #1007-090

CM Temp. Servs. v. Bailey (In re Bailey)

Plaintiff creditor filed a motion for summary judgment on its complaint against defendant chapter 7 debtor, which sought to have a scheduled, disputed debt found non- dischargeable pursuant to 11 U.S.C. § 523(a)(2) and (a)(4), and also sought to deny the debtor's discharge pursuant to 11 U.S.C. § 727(a)(3).
Ruling: 
Discharge denied due to debtor's failure to keep records regarding business checking account also used for personal expenses.
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Commercial case opionion summary, case decided on September 12,2007, LexisNexis #1007-088

Goldstein v. Hickory Brands Inc. (In re Just for Feet Inc.)

Debtors, a corporation and others, filed a petition under chapter 11. The case was converted to one under chapter 7, and plaintiff trustee filed adversary proceedings against defendants, a corporation (supplier) and one of its divisions, seeking recovery of alleged preferential payments, pursuant to 11 U.S.C. §§ 547(b) and 550. The parties filed cross-motions for summary judgment.
Ruling: 
Ordinary course of business defense to avoidance failed where creditor failed to establish industry standards.
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Commercial case opionion summary, case decided on September 12,2007, LexisNexis #1007-101

In re Pace

Chapter 7 debtor filed a motion to dismiss the bankruptcy case on the grounds that the debtor was not eligible to be a debtor under 11 U.S.C. § 109.
Ruling: 
Case dismissed where debtor was an ineligible family trust rather than a business trust as claimed prior to conversion to chapter 7.
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Commercial case opionion summary, case decided on September 11,2007, LexisNexis #1007-072

In re East Houston Apts. LLC

A creditor, the assignee of a bank note given by a debtor, sought relief from the automatic stay under 11 U.S.C. § 362(d) in order to exercise its right under applicable law with respect to the debtor's property, an unfinished apartment complex.
Ruling: 
Relief from stay granted to allow creditor to take steps to secure debtor's unfinished apartment complex.
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Commercial case opionion summary, case decided on September 10,2007, LexisNexis #1007-074

In re Anchor Glass Container Corp.

Before the court was the City of Warner Robins, Georgia's request for allowance of an administrative claim in the amount of $351,422 for real and personal property taxes for the year 2005 (the tax claim), and objections of debtor and trustee thereto.
Ruling: 
Prepetition municipal tax claim did not qualify for administrative status.
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Commercial case opionion summary, case decided on September 10,2007, LexisNexis #1007-098

In re Continuum Care Servs.

A debtor filed a motion seeking the apprehension of an individual pursuant to Fed. R. Bankr. P. 2005 for his failure to comply with an order to compel testimony and to compel production of documents in an involuntary chapter 11 bankruptcy case.
Ruling: 
Sole shareholder, director and former CEO of involuntary debtor corporation held in contempt for failure to comply with order to compel testimony and production of documents.
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Commercial case opionion summary, case decided on September 10,2007, LexisNexis #1007-095

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