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In re St. Vincents Catholic Med. Ctrs.

The post-effective date debtors, medical centers, moved for an order to establish procedures for determining covered person status for certain defendants in medical malpractice actions, and moved to enforce the automatic stay under 11 U.S.C.S. § 362, and plan injunction under 11 U.S.C.S. § 524(e), with respect to those defendants, who were non-debtor doctors and others employed by the debtors.
Ruling: 
Motion to enforce stay in favor of non-debtor third party medical malpractice defendants denied.
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Commercial case opionion summary, case decided on December 04,2008, LexisNexis #0209-066

In re Berry Good LLC

Debtors filed petitions under chapter 11 of the Bankruptcy Code, and the cases were joined for administration. Debtors obtained permission to borrow $ 750,000 so they could conduct operations until the court approved a reorganization plan, and they proposed to pay a company (lender) that loaned them money postpetition, $ 288,000 on a pre-petition secured debt the lender was owed. The debtors'creditors filed objections.
Ruling: 
Chapter 11 debtor could not use postpetition loan proceeds to pay prepetition debt other than wages.
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Commercial case opionion summary, case decided on December 04,2008, LexisNexis #0209-114

In re Ohio Valley Amusement Co.

A creditor of a chapter 11 debtor sought to be allowed an administrative claim under 11 U.S.C.S. § 503(b)(1) against the debtor's estate for two unauthorized, post-petition loans to the debtor. The debtor filed a motion for summary judgment on the grounds that the creditor failed to follow the requirements for post-petition financing set forth in 11 U.S.C.S. § 364.
Ruling: 
Creditor not entitled to adminstrative expense claim for unauthorized postpetition financings.
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Commercial case opionion summary, case decided on December 01,2008, LexisNexis #0109-066

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

In re Lehman Bros. Inc.

Certain former employees of the debtor who were participants under and who had unspecified claims for compensation and other relief arising with respect to deferred compensation plans moved for discovery pursuant to Fed. R. Bankr. P. 2004 for a list of all participants in the debtor's deferred compensation plans.
Ruling: 
Debtor's former employees' motion for discovery of list of participants in deferral compensation plan granted.
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Commercial case opionion summary, case decided on November 26,2008, LexisNexis #0209-132

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

In re Payroll Express Corp.

Several judgment creditors assigned their money judgment against two individual chapter 11 debtors to an assignee. The assignee thereafter filed an application in the court, seeking to enforce the judgment against the unclaimed dividends remaining in the bankruptcy estate of a chapter 11 corporate debtor. The assignee claimed the corporate debtor and the individual debtors were alter egos.
Ruling: 
Unclaimed dividends could not be used to satisfy judgment where corporate debtor's case had been dismissed without plan confirmation.
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Commercial case opionion summary, case decided on November 24,2008, LexisNexis #0209-065

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 R&G Properties Inc.

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and movant creditor filed an emergency motion seeking an order extending the bankruptcy court's order excusing a receiver who was appointed in a pre-petition state court foreclosure action from the turnover requirements of 11 U.S.C.S. § 543. The debtor opposed the motion.
Ruling: 
Receiver in foreclosure action was not entitled to extension of exemption from turnover requirements once term of original order expired.
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Commercial case opionion summary, case decided on November 21,2008, LexisNexis #0109-080

In re Buscovs Inc.

Debtors proposed a sale of substantially all of their assets, to include an assignment of a private label credit card program agreement between the debtors and a bank. The bank objected to the sale on the ground that 11 U.S.C.S. § 365(c)(2) prohibited the assignment of the executory contract to extend debt financing or financial accommodations to or for the benefit of the debtors.
Ruling: 
Bank's objection to sale of substantially all assets, including private credit card program, overruled.
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Commercial case opionion summary, case decided on November 21,2008, LexisNexis #0109-007

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