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Scully v. Danzig (In re Valley Food Servs. LLC)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant and third-party plaintiff guarantor of obligations owed to third-party defendant bank by a bankruptcy debtor, and the guarantor asserted that the bank improperly manipulated perfection of security interests which subjected the guarantor to preference liability. The bank moved to dismiss the third-party complaint for lack of jurisdiction.
Ruling: 
Claim that would not have effect on bankruptcy case was not within bankruptcy court jurisdiction or supplemental jurisdiction.
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Commercial case opionion summary, case decided on December 09,2008, LexisNexis #0309-134

In re Benchmark Homes Inc.

Pursuant to 11 U.S.C.S. § 503(b), claimants filed a motion for immediate payment of allowed administrative expenses following a dispute as to the appropriate method of distributing the proceeds of the sale of estate assets among various claimants.
Ruling: 
Motion for immediate payment of allowed administrative expenses denied.
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #0109-009

Bettys Homes Inc. v. Cooper Homes Inc. (In re Bettys Homes Inc.)

Debtor home builder filed a complaint against creditor material supplier to avoid as a preferential transfer under 11 U.S.C.S. § 547 a payment by cashier's check from a bank to the creditor within the 90 days prior to the debtor filing its voluntary chapter 11 bankruptcy petition.
Ruling: 
Transfer to material supplier within preference period in order to prevent filing of mechanic's lien was not preferential where not shown that supplier received more it would have received in chapter 7 case.
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Commercial case opionion summary, case decided on September 03,2008, LexisNexis #1108-046

In re Merit Transp. Co. LLC v. Pilgrims Pride Corp. (In re Merit Transp. Co. LLC)

Defendant corporation filed a motion for withdrawal of the reference to the bankruptcy court in plaintiff debtor's adversary proceeding, which sought payment on an account for services provided.
Ruling: 
Bankruptcy court recommended withdrawal of reference of debtor's collection proceeding in which defendant was entitled to jury trial.
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Commercial case opionion summary, case decided on September 02,2008, LexisNexis #1208-058

In re Alvo Grain & Feed

Debtor, a grain and feed company in a chapter 11, moved per 11 U.S.C.S. § 365 for orders granting motions to assume executory grain contracts, which contracts would then be assigned to buyers to which debtor had sold the grain for future delivery. Opposing the motion were four producers, parties to the original contracts under which debtor was buying the grain. At issue was whether those contracts were nonassumable as claimed by the producers.
Ruling: 
Bankruptcy did not void executory contracts allowing debtor to assume and assign contracts to buyers.
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Commercial case opionion summary, case decided on August 26,2008, LexisNexis #0908-115

In re Acceptance Ins. Co.

A debtor filed for relief under chapter 11 of the Bankruptcy Code. As a debtor-in-possession, the debtor filed a motion for an order under 11 U.S.C.S. § 1121(d) to further extend the debtor's exclusive periods within which to file and solicit acceptances of a plan of reorganization.
Ruling: 
Extension of exclusive period to file and solicit plan acceptances denied absent good cause.
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Commercial case opionion summary, case decided on August 20,2008, LexisNexis #1008-102

Scully v. State of Ark. Dept of Fin. & Admin. (In re Valley Food Serv. LLC)

Chapter 7 trustee filed a motion for summary judgment in her action, pursuant to 11 U.S.C.S. § 547(b), to avoid and to recover two allegedly preferential transfers that the debtor made to defendant, the state department of finance and administration, within 90 days before the debtor filed its bankruptcy petition.
Ruling: 
State soft drink tax payment within 90 days of petition date was a preferential transfer.
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Commercial case opionion summary, case decided on May 12,2008, LexisNexis #1008-082

Cox v. American Pan Co. (In re Meyers Bakeries Inc.)

Plaintiff trustee filed an adversary proceeding against defendant creditor to recover two pre-petition transfers as preferential transfers under 11 U.S.C.S. § 547. The creditor raised the affirmative defense of a transfer made in the ordinary course of business pursuant to 11 U.S.C.S. § 547(c)(2)(A).
Ruling: 
Late payments were part of established practice between debtor and creditor and were not avoidable as made in ordinary course of business.
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Commercial case opionion summary, case decided on May 08,2008, LexisNexis #0608-100

Wayne Indus. Holdings v. Goro (In re Wayne Engg Corp.)

Plaintiff buyer filed an action against defendants, several businesses and various members of the same family, alleging conversion and intentional interference with its interest in assets it purchased from a chapter 7 corporate debtor. Defendants filed a motion to dismiss the action, claiming that the court lacked jurisdiction to hear the buyer's claims.
Ruling: 
Action by buyer of debtor's assets for conversion and interference was a core proceeding related to debtor's bankruptcy.
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Commercial case opionion summary, case decided on April 17,2008, LexisNexis #0508-035

Wayne Indus. Holdings v. Goro (In re Wayne Engg Corp.)

Plaintiff buyer filed an action against defendants, several businesses and various members of the same family, alleging conversion and intentional interference with its interest in assets it purchased from a chapter 7 corporate debtor. Defendants filed a motion to dismiss the action, claiming that the court lacked jurisdiction to hear the buyer's claims.
Ruling: 
Bankruptcy court had jurisdiction over action by buyer of debtor's asets against debtor's owners and their LLC for conversion of estate assets.
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Commercial case opionion summary, case decided on April 17,2008, LexisNexis #0508-140

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