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In re Renaissance Hosp. -- Grand Prairie Inc.

A patient care ombudsman for chapter 11 debtors filed two applications pursuant to 11 U.S.C.S. § 105, § 330, and § 333, seeking court approval to employ the ombudsman's hospital management company as his advisor so that it could be paid from estate assets and to employ counsel to be paid from estate assets.
Ruling: 
Appointment of professionals to assist health care ombudsman approved.
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Commercial case opionion summary, case decided on December 31,2008, LexisNexis #0209-004

Manchester Inc. v. Lyle (In re Manchester Inc.)

Plaintiff debtor filed for relief under chapter 11 of the Bankruptcy Code. Before the bankruptcy proceeding was filed the debtor had been involved in litigation with defendant sellers. The sellers filed a claim in the bankruptcy proceeding for $ 9 million, which was later amended to seek a total recover of $33.4 million. The sellers filed a motion to withdraw their proofs of claim under Fed. R. Bankr. P. 3006.
Ruling: 
Motion to withdraw proofs of claim granted.
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Commercial case opionion summary, case decided on December 19,2008, LexisNexis #0109-096

In re Todays Destiny Inc.

Lenders of a chapter 7 debtor objected to all of the proofs of claim filed by customers of the debtor, in part on the grounds that they did not contain the documentation and factual basis required by Fed. R. Bankr. P. 3001.
Ruling: 
Objection to proofs of claim sustained with respect to claims that lacked documentation or signed explanatory statements.
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Commercial case opionion summary, case decided on November 26,2008, LexisNexis #0209-133

Lightfoot v. Amelia Mar. Servs. (In re Sea Bright Marine Inc.)

Plaintiff filed an adversary proceeding against defendant, a vendor of chapter 7 debtor, seeking to avoid and recover pursuant to 11 U.S.C.S. § 547 three alleged preferential payments made by the debtor to the vendor, totalling $ 195,000.
Ruling: 
Preference period payments to vendor that differed from earlier payments were not made in ordinary course of business and were avoidable.
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Commercial case opionion summary, case decided on November 24,2008, LexisNexis #0209-031

In re Texas Std. Oil Corp.

Debtor, an oil company, filed a petition under chapter 11 of the Bankruptcy Code, and asked the court for permission to assign its interests in an oil and gas lease to a partnership (LP). The debtor's creditors filed an objection to the debtor's motion.
Ruling: 
Debtor could not assign interest in oil and gas lease for no consideration.
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Commercial case opionion summary, case decided on November 12,2008, LexisNexis #0209-109

In re Tusa-Expo Holdings Inc.

After filing for bankruptcy relief under chapter 11, the debtors moved for an order authorizing them to pay pre-petition wages, compensation, and employee benefits. The court considered the motion at a hearing. No objection to the motion was lodged.
Ruling: 
Debtors authorized to pay priority claims for prepetition wages, compensation and employee benefits.
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Commercial case opionion summary, case decided on November 07,2008, LexisNexis #1208-041

In re Privada Inc.

The movant creditors sought the dismissal of the involuntary bankruptcy case pursuant to 11 U.S.C.S. § 305 and 11 U.S.C.S. § 707(a), as having been filed in bad faith by the petitioning creditors, most of whom resided outside the United States. The movants asserted that the petitioning creditors were motivated to disrupt an interpleader action that was pending in the United States District Court for the Eastern District of New York.
Ruling: 
Involuntary case dismissed as filed in bad faith by petitioning creditors in order to disrupt interpleader action.
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Commercial case opionion summary, case decided on October 22,2008, LexisNexis #1108-125

In re Austin Temp. Servs.

Trustee filed an application, pursuant to 11 U.S.C.S. § 327, to retain and employ the attorneys for a special purpose, which was to represent the trustee by investigating and pursuing a legal malpractice action against the debtor's former counsel.
Ruling: 
Attorneys could not represent trustee in legal malpractice action having represented creditor in the underlying collection action.
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Commercial case opionion summary, case decided on October 21,2008, LexisNexis #0209-073

In re Starmark Clinic LP

The United States Trustee filed a motion to dismiss a chapter 11 debtor's case and/or convert it to a case under chapter 7 pursuant to 11 U.S.C.S. § 1112(b).
Ruling: 
Chapter 11 case of health care debtor ordered converted to chapter 7 in best interests of creditors.
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Commercial case opionion summary, case decided on October 20,2008, LexisNexis #1108-126

In re Surety Capital Corp.

An interested party (objector) filed an objection to debtor's first amended plan of reorganization as modified. While several objections were filed, the only objection remaining for disposition related to debtor's proposed payment of a $50,000 bonus to debtor's chairman who was also a member of a firm that was providing management services to debtor under a consulting agreement. The plan had been confirmed pending a ruling on the bonus claim.
Ruling: 
Bonus to management firm on sale of bank owned by the estate approved over objection as provided for in chapter 11 plan.
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Commercial case opionion summary, case decided on October 16,2008, LexisNexis #1108-048

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