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William Cameron & Co. v. Gresham (In re Gresham)

Ruling
Bankruptcy court applied inappropriately restrictive standards in denying motion for compromise of objection to discharge.
Procedural posture

Plaintiff creditor appealed an order of the bankruptcy court denying the creditor's motion for approval of a proposed compromise between the creditor and defendant debtors.

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opinion summary, case decided on October 12, 2006 , LexisNexis #1106-100

Garza v. J.D. Foods Inc. (In re Garza)

Ruling
Court upheld order finding that creditor's pre-bar date motion for relief from bankruptcy stay constituted an informal proof of claim that was timely filed.
Procedural posture

Appellant debtor sought review of an order of the bankruptcy court, which found that appellee creditor's motion for relief from the bankruptcy stay constituted an informal proof of claim that was timely filed.

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opinion summary, case decided on May 15, 2006 , LexisNexis #0606-069

Mirant Corp. v. S. Co.

Ruling
Motion for withdrawal of a reference was granted since the action was more in the nature of a non-core proceeding than a core proceeding.
Procedural posture

The bankruptcy court recommended that the reference not be withdrawn as to an adversary proceeding filed by the jointly administered chapter 11 debtors and a creditors committee against defendant, one debtor's prior parent corporation, that asserted core and non-core claims under 28 U.S.C. § 157. The parent, who had requested a jury trial, had also requested transfer to Georgia after withdrawal.

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opinion summary, case decided on January 10, 2006 , LexisNexis #0306-103