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In re Teknek LLC

A bankruptcy court held appellant, a debtor's corporate officer, in contempt after she refused to provide the key necessary to understanding the debtor's coded financial records. The officer appealed after the District Court for the Northern District of Illinois affirmed the bankruptcy court's contempt order. The officer contended that the bankruptcy court lacked jurisdiction over her.
Ruling: 
Debtor's foreign corporate officer could not be held in contempt for refusal to turn over key to coded records absent personal service.
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Commercial case opionion summary, case decided on December 28,2007, LexisNexis #0108-105

Triad Intl Maint. Corp. v. Southern Air Transp. Inc. (In re Southern Air Transp. Inc.)

Appellant creditor, an aircraft maintenance company, sought review of a judgment from the District Court for the Southern District of Ohio affirming the bankruptcy court's grant of summary judgment in favor of appellee, the bankruptcy trustee of the air cargo transport corporation that was the debtor in a chapter 11 proceeding, in the trustee's action alleging an avoidable preference under 11 U.S.C. § 547(b).
Ruling: 
Payment under aircraft maintenance agreement to creditor with possessory lien was not preferential.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0108-065

Bosiger v. US Airways Inc.

After defendant airline's emergence from its second bankruptcy, plaintiff, a retired pilot, filed an action, alleging that the airline improperly terminated his pension benefits during the airline's first bankruptcy. The District Court for the Eastern District of Virginia dismissed the pilot's claim because the pilot failed to file a proof of claim during the airline's second bankruptcy. The pilot appealed.
Ruling: 
Pilot's claim for improper termination of pension benefits in debtor's first bankruptcy dismissed due to failure to file proof of claim in second bankruptcy.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0108-067

Ditto v. McCurdy

Appellant patient obtained a judgment against appellee physician for medical malpractice, the physician filed a bankruptcy petition, and the patient asserted that the judgment debt was nondischargeable based on willful and malicious injury under 11 U.S.C. § 523(a)(6). The patient appealed the order of the District Court for the District of Hawaii which affirmed the bankruptcy court's grant of summary judgment to the physician.
Ruling: 
Medical malpractice judgment was dischargeable as mere negligence does not provide basis for nondischargeability.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0108-062

McCarthy v. BMW Bankr. of N. Am.

In an adversary proceeding, pro se appellant chapter 7 trustee appealed the District Court for the District of Columbia's affirmation of a bankruptcy judge's finding that a bank had perfected its security interest in the sole asset of the estate outside the 90-day period of 11 U.S.C. 547 since, under District of Columbia (District) common law, a prior lien gave a prior legal right except where statute varied the common law rule.
Ruling: 
Security interest not perfected in timely manner could be avoided.
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Consumer case opionion summary, case decided on November 23,2007, LexisNexis #1207-105

HOC Group of Timber Noteholders v. Pacific Lumber Co. (In re Scotia Pac. Co. LLC)

The bankruptcy court denied a motion by creditors to expedite bankruptcy proceedings under 11 U.S.C. § 362(d)(3), finding the chapter 11 debtor was not a "single asset real estate" ("SARE") under 11 U.S.C. § 101(51B). The creditors appealed, then sought certification from the bankruptcy court to the court of appeals under 28 U.S.C. § 158(d)(2). The District Court for the Southern District of Texas then certified the appeal.
Ruling: 
Debtor engaged in timber sales was not a single asset real estate debtor and was not subject to expedited proceedings.
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Commercial case opionion summary, case decided on November 13,2007, LexisNexis #1207-004

Fischer Inv. Capital Inc. v. Cohen (In re Cohen)

Appellant lender sought review of a judgment from the District Court for the Northern District of Illinois, which affirmed a bankruptcy court's decision granting summary judgment in favor of appellee debtor with respect to the lender's adversary complaint alleging non- dischargeability of a debt under 11 U.S.C. § 523(a)(2)(B).
Ruling: 
Bankruptcy court properly ruled that accounts receivable list provided to lender was not materially false or intended to deceive and that debt was dischargeable.
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Commercial case opionion summary, case decided on November 09,2007, LexisNexis #1207-029

Smith v. Gletzer (In re Smith)

The bankruptcy court -- at the request of the chapter 7 trustee -- ordered the removal of debtor's preferred choice of special personal injury ("PI") counsel and then denied debtor's motion to dismiss her bankruptcy case, even though she had arranged to pay all of her debts in full in an attempt to have her preferred counsel continue to prosecute the PI case. The District Court for the Eastern District of New York affirmed. Appeals were filed.
Ruling: 
Bankruptcy court denial of voluntary dismissal vacated where debtor proposed to pay all debts in full immediately.
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Consumer case opionion summary, case decided on November 05,2007, LexisNexis #1107-102

North Sports Inc. v. Knupper (In re Wind NWave)

Appellant creditors sought review of an order from the Ninth Circuit Bankruptcy Appellate Panel ("BAP"), which summarily denied their motion under 11 U.S.C. § 503(b)(4) for attorney's fees for services arising out of their successful appeal of the bankruptcy court's denial of attorney's fees for services in connection with the filing of an involuntary chapter 7 petition against the debtor.
Ruling: 
Creditors entitled to attorneys'fees incurred in successful appeal of denial of attorneys'fees in involuntary chapter 7 case.
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Commercial case opionion summary, case decided on November 01,2007, LexisNexis #1207-130

Bloom v. Knupfer (In re Wind NWave)

Appellants, creditors and their counsel, sought review of an order of the Bankruptcy Appellate Panel for the Ninth Circuit that denied them compensation for their work in appealing the bankruptcy court's denial of a fee award. The creditors asserted they were entitled to such fees pursuant to 11 U.S.C. § 503(b)(4), in addition to compensation for their services in connection with the involuntary petition brought against the debtor.
Ruling: 
Bankruptcy appellate panel erred in denying fees incurred by creditors in successfully appealing claim for attorneys'fees in involuntary case.
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Commercial case opionion summary, case decided on November 01,2007, LexisNexis #1107-098

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