- 11 U.S.C.
In re Henry S. Miller Commer. LLC
Nov
08
2010
Ruling
Attorneys' fees reduced as not warranted by non-complex case.
Procedural posture
Before the court was the First and Final Application for Final Allowance and Payment of Fees and Expenses as Counsel for the Chapter 11 Debtor. The fee application sought a total of $184,278 for the approximately six-month period the applicant served as bankruptcy counsel for the debtor-in-possession.
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In re Tridimension Energy LP
Oct
28
2010
Ruling
Break up fee included in asset purchase agreement was actual and necessary cost of preserving estate.
Procedural posture
In this jointly administered bankruptcy case, debtors moved for approval of procedures for solicitation of offers, the form and manner of notice, procedures for determining cure amounts, bid protections and procedures, and a break-up fee in connection with a transaction contemplated by an asset purchase agreement.
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Court
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- 11 U.S.C.
In re Gonzales
Oct
27
2010
Ruling
Debtor's emergency motion for sale of residential real property denied absent dire circumstances.
Procedural posture
Chapter 7 debtor brought an emergency motion for an order authorizing the sale of her residential real property, pursuant to 11 U.S.C.S. § 363.
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In re Tridimension Energy LP
Oct
18
2010
Ruling
Debtor given emergency authorization to use cash collateral.
Procedural posture
Chapter 11 debtors filed an emergency motion for an order authorizing the debtors to continue to use cash collateral, authorizing the debtors to obtain additional post-petition financing, and granting related relief.
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Court
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- 11 U.S.C.
In re Grisham
Sep
07
2010
Ruling
Reaffirmation agreement disapproved due to failure to rebut presumption of undue hardship.
Procedural posture
A bankruptcy debtor proposed a reaffirmation agreement in which the debtor would reaffirm a debt to a creditor secured by the debtor's vehicle. Since the agreement raised a presumption of undue hardship based on the debtor's expenses in excess of income, the bankruptcy court conducted a hearing concerning approval of the agreement.
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Court
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In re Lincolnshire Campus LLC
Jul
28
2010
Ruling
Trustee granted a perfected continuing replacement lien and security interest and a super- priority administrative expense claim as adequate protection for debtor's use of cash collateral.
Procedural posture
Pursuant to an agreement between the debtor-in-possession and the indenture trustee for its bonds, the court considered a proposed order regarding the use of cash collateral and adequate protection.
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In re Staxxring Inc.
May
28
2010
Ruling
Involuntary case dismissed where only two petitioning creditors had claims not subject to bona fide dispute.
Procedural posture
The court held a hearing on the Motion to Dismiss Involuntary Petition filed by Alleged Debtor. On the other side of the Motion were the Petitioning Creditors.
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Court
:
- 11 U.S.C.
Reed v. Cooper (In re Cooper)
Mar
10
2010
Ruling
Discharge revoked due to debtor's failure to turn over proceeds of sale of real property.
Procedural posture
Chapter 7 trustee and a creditor filed an adversary proceeding seeking the revocation of the debtor's discharge granted in 1999, and seeking turnover of the proceeds of sales of real property of the estate, as well as damages, as a result of the debtor's alleged postdischarge fraud, pursuant to 11 U.S.C.S. § 727(d)(2) and (3).
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Court
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In re Erickson Ret. Cmtys. LLC
Mar
05
2010
Ruling
Motion for appointement of examiner denied for lack of standing.
Procedural posture
Debtors, various LLCs and other entities, filed petitions under chapter 11 of the Bankruptcy Code, and the court ordered joint administration of the debtors' bankruptcy estates. Creditors that held subordinated debt against several of the debtors, filed a motion for an order appointing an examiner pursuant to 11 U.S.C.S. § 1104. The motion was opposed, inter alia, by a bank that was the agent for senior secured lenders.
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Court
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Yaquinto v. Arrow Fin. Servs. (In re Brook Mays Music Co.)
Oct
15
2009
Ruling
Payments to financial services company within 90 days of petition date were avoidable except to the extent that new value was provided.
Procedural posture
Plaintiff Chapter 7 trustee filed an adversary proceeding against defendant financial services company, claiming that three payments a music company made to the financial services company before the music company declared bankruptcy were avoidable as preferential transfers under 11 U.S.C.S. § 547(b) or as fraudulent transfers under 11 U.S.C.S. § 548(a)(1). The financial services company filed a motion for summary judgment.
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Court
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