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§ 552

Arnot v. Endresen (In re Endresen)

Ruling
Bankruptcy court misapplied the equity exception under § 552(b)(1) by not awarding settlement funds to non-appearing lender.
Issue(s)
Did the bankruptcy court err when distributing settlement proceeds by awarding a portion to trustee rather than to non-appearing lender?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-027

In re O&S Trucking Inc.

Ruling
Agreed upon amount of proof of claim was not fixed on petition date.
Issue(s)
Was creditor entitled to claim additional amount of debt above the claim amount agreed upon with debtor on the petition date?

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Commercial opinion summary, case decided on June 06, 2014 , LexisNexis #0914-027

In re Eng

Ruling
Motion to prohibit use of cash collateral denied.
Issue(s)
Was creditor entitled to order prohibiting use, as cash collateral, of profits or rental fees of corporate entity controlled by debtor that operated a business on debtor's land, which was subject to an assignment of rents clause in favor of creditor.

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Consumer opinion summary, case decided on October 29, 2013 , LexisNexis #1113-089

In re Milton Abeles LLC

Ruling
Creditor could not claim interest in property in which it did not have a perfected security interest on petition date.
Issue(s)
Did creditor have a secured claim in the settlement proceeds of an avoidance proceeding based on a prepetition security interest in debtor's assets.

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Commercial opinion summary, case decided on September 20, 2013 , LexisNexis #1013-022

In re Cantu

Ruling
Conversion to chapter 7 did not invalidate prior entry of settlement order.
Procedural posture

Before the court for consideration was a Motion to Clarify Order Approving Compromise and Settlement Agreement filed by debtors, and the Chapter 7 Trustee's Motion for Turnover. A bank (creditor) objected to both motions.

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Consumer opinion summary, case decided on January 18, 2011 , LexisNexis #0211-060

Spectrum Scan LLC v. Valley Bank & Trust Co. (In re Tracy Broad. Corp.)

Ruling
Bank's security interest in general intangibles did not extend to proceeds of sale of debtor's FCC license.
Procedural posture

Plaintiffs, a judgment creditor and the chapter 11 trustee, and defendant bank filed cross-motions for summary judgment in an adversary proceeding, seeking a determination of the extent of the bank's security interest.

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Commercial opinion summary, case decided on October 19, 2010 , LexisNexis #1110-097