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In re Dovetail Inc.

A creditor filed a motion, pursuant to Fed. R. Civ. P. 12(b)(6) and 11 U.S.C.S. § 1112(b), to dismiss a debtor's small business chapter 11 case for cause.
Ruling: 
Dismissal for failure to file plan denied as not in best interests of creditors.
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Commercial case opionion summary, case decided on December 31,2008, LexisNexis #0409-129

In re Frankfort Tower Indus. Inc.

In a consolidated proceeding, the debtors sought relief under chapter 11 of the Bankruptcy Code and a plan of reorganization was confirmed. The debtors'disbursing agent filed a notice of intent to commence a fourth interim distribution, and the official creditors'committee objected to the notice.
Ruling: 
Creditors'committee's objection to interim distribution overruled as creditors were bound by terms of confirmed plan.
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Commercial case opionion summary, case decided on December 30,2008, LexisNexis #0209-139

In re Central Ill. Energy LLC

Three joint movants, the chapter 7 trustee, the primary general contractor for the debtor's ethanol plan construction project, and the purchaser of substantially all of the debtor's assets, moved to approve a compromise pursuant to Bankruptcy Rule 9019. The proposed compromise was embodied in a contract entitled "Stipulation and Mutual Release of Claims". An objection to the motion for approval was filed by a company.
Ruling: 
Repudiation by trustee necessitated denial of motion to approve settlement.
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Commercial case opionion summary, case decided on December 18,2008, LexisNexis #0209-063

Swanson v. M&I Marshall (In re Vission Inc.)

A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff filed an action against defendant, a limited liability company (LLC) to avoid a lien given to the LLC, pursuant to 11 U.S.C.S. §§ 544 and 547, asserting that the transfer was preferential. The court issued findings and facts and conclusions of law. The trustee sought judgment on the pleadings.
Ruling: 
Lien that was perfected during preference period could be avoided.
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Commercial case opionion summary, case decided on December 10,2008, LexisNexis #0309-083

In re Sentinel Mgmt. Group

Several creditors of a chapter 11 debtor contested the confirmation of the debtor's amended plan of liquidation.
Ruling: 
Investment advisement company's plan confirmed over trustee's objection to treatment of customers.
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Commercial case opionion summary, case decided on December 08,2008, LexisNexis #0209-052

In re Central Ill. Energy LLC

Debtor, a Delaware limited liability company, filed a petition under chapter 11 of the Bankruptcy Code in December 2007, and the court converted the case to one under chapter 7 in August 2008. A creditor filed a motion for allowance of an administrative expense claim, and the chapter 7 trustee filed an objection to the motion.
Ruling: 
Creditor allowed an administrative expense claim for insurance paid on water treatment facility leased to debtor.
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Commercial case opionion summary, case decided on November 25,2008, LexisNexis #0109-038

CLC Creditors Grantor Trust v. Howard Savings Bank (In re Commercial Loan Corp.)

Debtor, a loan corporation, filed a petition under chapter 11 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The court confirmed the creditors' Second Amended Plan of Liquidation, which provided for the creation of plaintiff trust, and the trust filed an adversary proceeding against defendant banks, seeking an order avoiding transfers the debtor made to the banks. The banks moved for summary judgment.
Ruling: 
Prepetition transfers to banks were not avoidable due to debtor's fraudulent purchase of stock from those banks.
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Commercial case opionion summary, case decided on November 19,2008, LexisNexis #0209-067

In re SVI Media Inc.

A law firm, chapter 7 debtors'counsel, filed an application for an award of attorney fees and costs, to be paid out of prepetition retainers. The Chapter 7 trustee filed an application to retain an attorney from the firm to represent the trustee pursuant to 11 U.S.C.S. § 327.
Ruling: 
Debtor's attorney whose fees exceeded prepetition retainer was a creditor and could not be retained by the trustee.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #0209-106

In re Teknek LLC

The chapter 7 trustee applied to employ an attorney and his law firm A judgment creditor of the debtor, and several persons or entities associated with the debtor filed objections to the employment of the attorney. The attorney had previously represented the judgment creditor in litigation against various parties related to the debtor, and the trustee sought to employ him to litigate against those same parties in an unrelated adversary action.
Ruling: 
Attorney who had represented estate's primary creditor could not be employed by trustee due to potential conflict of interest.
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Commercial case opionion summary, case decided on October 20,2008, LexisNexis #1208-060

In re Teknek LLC

A debtor filed for relief under chapter 7 of the Bankruptcy Code. Several interested parties associated with the bankruptcy proceedings objected to the application of a Chapter 7 trustee to employ an attorney and his law firm.
Ruling: 
Trustee's application to employ attorney denied as attorney had conflict with primary creditor and was not disinterested.
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Commercial case opionion summary, case decided on October 17,2008, LexisNexis #1108-095

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