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§ 107

In re Alterra Healthcare Corp.

Oct
16
2006
Ruling
Information in settlements filed by debtor did not relate to commercial operations and was a matter of public record.
Procedural posture

A newspaper moved to intervene in the reorganized debtor's chapter 11 bankruptcy proceeding for the limited purpose of seeking access to judicial records and proceedings. The newspaper asked the court to vacate several orders sealing records of settlement in the case.

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opinion summary, case decided on October 16, 2006 , LexisNexis #1106-050
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Neal v. The Kansas City Star (In re Neal)

Aug
29
2006
Ruling
Bankrutpcy court abused discretion in sealing list of creditorsas list was not scandalous or defamatory.
Procedural posture

Appellants, a debtor and her unnamed creditors, sought review of a judgment of the District Court for the Western District of Missouri, which granted appellee newspaper's motion to reverse and vacate a bankruptcy court's order sealing the list of creditors under 11 U.S.C. § 107(b)(2).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 29, 2006 , LexisNexis #0906-071
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In re El Toro Exterminator of Fla. Inc.

Jul
06
2006
Ruling
Creditor could review documents containing commercial information subject to nondisclosure order.
Procedural posture

After debtor company filed a chapter 11 bankruptcy and appeared for a Fed. R. Bankr. P. 2004 examination, debtor allowed counsel for two creditors, a former employee and his counsel, to look at the records but would not permit copying. The creditors sought orders compelling production thereof and sanctioning debtor for refusing to allow discovery thereon. At issue was the effect, if any, of 11 U.S.C. § 107(b) on the parties'rights.

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opinion summary, case decided on July 06, 2006 , LexisNexis #1106-001
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Osborne v. American Express Travel Related Services Co. (In re Global Vending Inc.)

May
17
2006
Ruling
Motion to authorize trustee to file settlement agreement under seal was denied since motion did not satisfy exception to rule that documents be made available to public.
Procedural posture

Plaintiff trustee's complaint sought to recover allegedly avoidable transfers from defendant transferee which exceeded $900,000. The matter came on for hearing on the trustee's ex parte motion for order authorizing the trustee to file under seal a settlement agreement with the transferee, which was filed by the trustee at the same time as the trustee's motion to approve compromise of controversy with the transferee.

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opinion summary, case decided on May 17, 2006 , LexisNexis #0806-014
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