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In re Proven Methods Seminars LLC

After filing a voluntary chapter 11 case, the debtor applied to employ bankruptcy counsel and filed several motions to continue operating. Three objecting parties filed objections to the application and motions, contending that proceedings in the case were stayed pursuant to Fed. R. Bankr. P. 1014(b) as a result of an involuntary chapter 7 petition previously filed against the debtor in another bankruptcy court.
Ruling: 
Stay in prior involuntary case did not bar granting of voluntary chapter 11 debtor's motion to employ counsel or continue operating on interim basis.
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Commercial case opionion summary, case decided on December 15,2008, LexisNexis #0409-134

In re Joel F. Hollowell Oil Co.

A debtor filed its petition for relief under chapter 11 of the Bankruptcy Code. The court entered a final order authorizing the debtor's use of cash collateral for its postpetition operating expenses. A company, which had a first lien security interest in all of the debtor's equipment, fixtures, inventory, and accounts receivable, filed a motion to restrict the debtor's continued use of cash collateral, under 11 U.S.C.S. § 363(e).
Ruling: 
Motion to restrict chapter 11 debtor's use of cash collateral denied.
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Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0209-041

In re Price Funeral Home Inc.

A hearing was held to consider the final approval of a chapter 11 debtor's disclosure statement, and to consider confirmation of the debtor's plan of reorganization. A creditor with a lien on the debtor's real property objected to the statement, voted to reject the plan, and objected to confirmation. The debtor sought to have the plan confirmed pursuant to 11 U.S.C.S. § 1129(b) without the creditor's affirmative vote and over its objection.
Ruling: 
Debtor's disclosures approved over creditor's objection.
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Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0209-051

In re XO Communs. Inc.

On remand from the U.S. Court of Appeals for the Second Circuit, the court was directed to clarify its determination, pursuant to 11 U.S.C.S. § 330(a), of the transaction fee awarded to a financial advisor for its services as restructuring financial advisor to a chapter 11 debtor.
Ruling: 
Chapter 11 debtor's financial advisor awarded additional fees for restructuring of unsecured debt.
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Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0109-065

National Retail Dev. Partners I LLC v. Maness (In re Mortgages Ltd.)

Plaintiff retail developer sued defendant chapter 11 debtor's investors in state court, alleging breach of contract on the ground that they assumed some of the debtor's obligation to fund a construction loan to the developer, and then failed to fully fund that loan. After the case was removed to the bankruptcy court, the developer moved to remand on three alternative grounds.
Ruling: 
Action against debtor's investors for failure to fund construction loan was a core proceeding.
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Commercial case opionion summary, case decided on December 11,2008, LexisNexis #0209-060

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

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 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

Miller v. Barenberg (In re Bernard Techs. Inc.)

In an adversary proceeding, plaintiff trustee sought to avoid and recover pre-petition transfers from (collectively) defendant corporation. The trustee asked the federal district court to avoid payments to the corporation pursuant to 11 U.S.C.S. §§ 547, 548, 544(b), and 551, and to disallow the claims that the corporation filed against the debtor pursuant to 11 U.S.C.S. § 502(d).
Ruling: 
Transfers by debtor's non-debtor subsidiary were not avoidable.
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Commercial case opionion summary, case decided on December 05,2008, LexisNexis #0109-103

In re MMH Auto Group LLC

Movant, the chapter 7 trustee, asked the court to deem untimely a claim filed by the brother of the owner of debtor corporation, which debtor had owned an auto dealership, and to subordinate such claim to all timely-filed claims in certain substantively consolidated cases pursuant to 11 U.S.C.S. § 726(a)(3).
Ruling: 
Untimely filed claim subordinated to all timely filed claims.
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Commercial case opionion summary, case decided on December 05,2008, LexisNexis #0309-138

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