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Rule 9010

In re Rising Tide Enter. LLC

Jan
15
2010
Ruling
Individual debtor lacked standing to file motions on behalf of debtor entities.
Procedural posture

A chapter 7 debtor filed various motions, including motions for authority to use cash collateral pursuant to 11 U.S.C.S. § 363(c), a motion to remove trustee pursuant to 11 U.S.C.S. § 324, a motion authorizing the sale of property pursuant to 11 U.S.C.S. § 363(b), motions to impose sanctions pursuant to Fed. R. Bankr. P. 9011, a motion to convert the case from chapter 7 to chapter 13 pursuant to 11 U.S.C.S. § 706(b).

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Commercial opinion summary, case decided on January 15, 2010 , LexisNexis #0210-136
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In re Sea Containers Ltd.

Sep
19
2008
Ruling
Settlement between debtor and pension scheme trustees approved.
Procedural posture

The debtors and pension scheme trustees moved for the approval of a settlement agreement pursuant to 11 U.S.C.S. § 363(b) and Fed. R. Bankr. P. 9019. The settlement proposed to resolve the claims filed by the scheme trustees in amounts in excess of $ 240 million on behalf of the two pension scheme funds and the debtors' pension funding obligations. The committee of unsecured creditors opposed the settlement.

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Commercial opinion summary, case decided on September 19, 2008 , LexisNexis #1008-053
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In re Sudano Inc.

Jul
30
2008
Ruling
Son of corporate debtor's deceased principal lacked capacity to represent non-shareholder mother regarding trustee's alleged mismanagement of case.
Procedural posture

Over the objection of the controlling principal of corporate bankruptcy debtors, the debtors' apartment buildings were sold and the interests of shareholders were extinguished. The principal subsequently died and the son of the principal, on behalf of the surviving spouse of the principal, moved for an award of damages to the spouse alleging that the bankruptcy trustee failed to provide notice to the spouse and mismanaged the debtors' affairs.

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Commercial opinion summary, case decided on July 30, 2008 , LexisNexis #0808-140
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