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In re Cinecom iOutsource Inc.

The chapter 7 trustee filed a motion to enforce the automatic stay under 11 U.S.C.S. § 362(a) in three separate actions filed in federal district courts by unaffiliated, non-debtor entities.
Ruling: 
Action by unaffiliated non-debtor entities against debtor were subject to stay.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #0109-042

In re Proceedings Under Chapter 11 Case Nos. 08-16786 & 08-16788

Movant debtors filed a motion for authorization to use cash collateral, pursuant to 11 U.S.C.S. § 363(c)(2)(B). Respondents, a lender and the committee of unsecured creditors, objected to such relief.
Ruling: 
Debtors authorized to use cash collateral to operate business as debtors in possession.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #1208-040

Rollins v. Neilson (In re Cedar Funding Inc.)

Plaintiffs, investors in a second deed of trust created through the debtor on a third party's real property, filed an adversary proceeding requesting a judicial declaration that they had either an equitable or a legal interest in the note and deed of trust securing repayment. Defendant, the chapter 11 trustee, moved to dismiss the complaint, asserting the interest was subject to avoidance as a preferential transfer under 11 U.S.C.S. § 547(b).
Ruling: 
Bankruptcy court refused to dismiss complaint of investors seeking judicial declaration of an equitable or legal interest in debtor's property.
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Commercial case opionion summary, case decided on October 30,2008, LexisNexis #0209-120

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

In re Vitalsigns Homecare Inc.

The matter came before the court for hearing on the chapter 7 trustee's motion to authorize the sale of property of the estate (namely, debtor's Medicare provider number), free and clear of liens, claims, and encumbrances, and the partial objection of the United States, on behalf of the Department of Health and Human Services (HHS). The potential purchaser filed a statement in support of the trustee's motion.
Ruling: 
Trustee allowed to sell debtor's medicare provider number free and clear.
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #0109-074

In re Peninsular Oil Corp.

A claimant filed a motion pursuant to Fed. R. Bankr. P. 9006(b)(1) to allow a late-filed proof of claim in a chapter 11 debtor's case. The claimant also filed a motion for a stay pending reconsideration, and a motion for reconsideration, of a court order, which approved the sale of certain of the debtor's assets, the proposed distribution of the proceeds to holders of allowed claims, and the discharge and release of the debtor's managing agent.
Ruling: 
Creditor's preoccupation with business affairs was not excusable neglect that would allow filing of proof of claim two years after bar date.
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Commercial case opionion summary, case decided on October 27,2008, LexisNexis #0209-140

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 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

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