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In re Alpha Natural Res., Inc.

Ruling
Agreement for royalties for coal extraction was executory and could be rejected. (Bankr. E.D.Va.)
Issue(s)
Could debtor reject agreement for coal extraction royalties?

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Commercial opinion summary, case decided on August 11, 2016 , LexisNexis #0916-115

Rosenblum v. Hardesty (In re Hardesty)

Ruling
Property settlement agreement was not a domestic support obligation and was dischargeable.
Issue(s)
Were monetary damages resulting from debtor's breach of a property settlement agreement a nondischargeable domestic support obligation?

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Consumer opinion summary, case decided on June 13, 2016 , LexisNexis #0716-046

In re Alpha Natural Res. Inc.

Ruling
Debtor coal company could reject collective bargaining agreements and modify retiree benefit obligations.
Issue(s)
Could debtor coal company reject collective bargaining agreements with union and to modify retiree benefit obligations to the union funds?

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Commercial opinion summary, case decided on May 24, 2016 , LexisNexis #0616-101

In re Health Diagnostic Lab. Inc.

Ruling
Chapter 11 plan confirmed despite objections as proposed in good faith and meeting all requirements.
Issue(s)
Could chapter 11 plan be confirmed over objections?

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Commercial opinion summary, case decided on May 12, 2016 , LexisNexis #0616-064

Siegel v. Cal. Self-Insurers Sec. Fund (In re Circuit City Stores Inc.)

Ruling
Bankruptcy court had subject matter jurisdiction over claim to excess letter-of-credit proceeds held by a state fund to secure the debtor's workers' compensation self-insurance obligations.
Issue(s)
Should adversary proceeding brought by trustee of the debtor's liquidating trust concerning excess letter of credit proceeds held by the California Self-Insurers' Security Fund to which the trustee claims the liquidating trust is entitled be dismissed?

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Commercial opinion summary, case decided on April 26, 2016 , LexisNexis #0516-139

In re Alpha Natural Res. Inc.

Ruling
Key employee incentive plan could be approved.
Issue(s)
Should an order issue approving the debtors' key employee incentive plan?

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Commercial opinion summary, case decided on February 24, 2016 , LexisNexis #0316-081

In re Alpha Natural Res. Inc.

Ruling
Environmental organizations lacked standing to object to settlement in debtor coal mine operator's case due to lack of pecuniary interest.

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Commercial opinion summary, case decided on January 20, 2016 , LexisNexis #0216-096

MT Tech. Enters. LLC v. Nolte (In re Nolte)

Ruling
State court judgment was dischargeable where necessary elements to establish willful and malicious injury were not established.
Issue(s)
Was creditor's proof of claim arising from failed business venture nondischargeable based on state court judgment?

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Consumer opinion summary, case decided on November 25, 2015 , LexisNexis #1215-090

In re Draper

Ruling
Plan proposing to cure prepetition default on mortgage by twelfth month of plan could be confirmed.
Issue(s)
Should chapter 13 plan confirmation be denied due to impermissible modification of rights of creditor?

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Consumer opinion summary, case decided on November 17, 2015 , LexisNexis #1215-097

In re Paciocco

Ruling
Suspended attorney sanctioned for unauthorized practice of law by continuing to assist clients with preparation of schedules and bankruptcy advice.
Issue(s)
Should attorney be sanctioned for provided bankruptcy assistance while suspended from practice?

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Consumer opinion summary, case decided on September 03, 2015 , LexisNexis #0915-140