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In re Renaissance Hosp. -- Grand Prairie Inc.

A patient care ombudsman for chapter 11 debtors filed two applications pursuant to 11 U.S.C.S. § 105, § 330, and § 333, seeking court approval to employ the ombudsman's hospital management company as his advisor so that it could be paid from estate assets and to employ counsel to be paid from estate assets.
Ruling: 
Appointment of professionals to assist health care ombudsman approved.
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Commercial case opionion summary, case decided on December 31,2008, LexisNexis #0209-004

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 Utility Craft Inc.

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A creditor filed a claim and a chapter 7 trustee filed an objection to the claim. The court issued findings of fact and conclusions of law on the claim and the objection.
Ruling: 
Store credit for item purchased from debtor and returned as defective was a general unsecured priority claim.
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Commercial case opionion summary, case decided on December 29,2008, LexisNexis #0209-112

Atrium View LLC v. Eastern Savings Bank (In re Atrium View LLC)

Objectants, a Chapter 7 debtor and a third lienholder, asserted that a prepayment premium asserted by respondent first lienholder against the proceeds of an auction sale of certain real estate was unreasonable and should be disallowed pursuant to 11 U.S.C.S. § 506(b).
Ruling: 
Prepayment premium claimed by first lienholder against proceeds of auction disallowed as unreasonable.
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Commercial case opionion summary, case decided on December 24,2008, LexisNexis #0209-008

In re Nutritional Sourcing Corp.

Debtors, a parent and two subsidiary corporations, and the Official Committee of Unsecured Creditors supported the confirmation of the debtors' joint chapter 11 plan of liquidation. A number of parties filed objections to the plan.
Ruling: 
Confirmation denied due to definition of "trade creditors" differing from that in mirror loan notes issued in prior reorganization.
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Commercial case opionion summary, case decided on December 23,2008, LexisNexis #0209-053

Stickrath v. Globalstar Inc.

Plaintiff consumer sued defendant corporation under Cal. Bus. & Prof. Code § 17200 et seq., and Cal. Civ. Code § 1750 et seq., and alleged that its failure to disclose known defects in its service prevented him from using the service as intended. The consumer sought to represent a nationwide class of individuals who purchased a satellite telephone from the corporation between April 2003 and 2007. The corporation moved for summary judgment.
Ruling: 
Claims reasonably within consumer's contemplation prior to debtor corporation's discharge order were discharged.
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Commercial case opionion summary, case decided on December 22,2008, LexisNexis #0209-022

Manchester Inc. v. Lyle (In re Manchester Inc.)

Plaintiff debtor filed for relief under chapter 11 of the Bankruptcy Code. Before the bankruptcy proceeding was filed the debtor had been involved in litigation with defendant sellers. The sellers filed a claim in the bankruptcy proceeding for $ 9 million, which was later amended to seek a total recover of $33.4 million. The sellers filed a motion to withdraw their proofs of claim under Fed. R. Bankr. P. 3006.
Ruling: 
Motion to withdraw proofs of claim granted.
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Commercial case opionion summary, case decided on December 19,2008, LexisNexis #0109-096

In re Elizabethtown Family Care Clinic LLC

Movant creditor, a landlord, sought payment of an administrative expense claim per 11 U.S.C.S. § 503(b)(1)(A) in connection with the estate's post-petition occupation of a medical office leased by debtor tenant from the creditor. The trustee filed an objection to the proof of claim contesting the proper amount thereof. At issue was the date upon which the trustee's obligation under 11 U.S.C.S. § 365(d)(3) began to run.
Ruling: 
Landlord allowed administrative expsense claim for rent incurred after petition date.
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Commercial case opionion summary, case decided on December 18,2008, LexisNexis #0109-077

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

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