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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

Walton v. Cornerstone Ministries Inc.

Appellant, the United States trustee, appealed from an order of the Bankruptcy Court for the Northern District of Georgia that denied without prejudice his request for the appointment of an examiner to investigate debtor's alleged improper business dealings. The parties disputed whether 11 U.S.C.S. § 1104(c)(2) was mandatory or discretionary.
Ruling: 
Appointment of examiner mandatory where chapter 11 debtor's fixed, liquidated unsecured debts exceeded $5 million threshold.
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Commercial case opionion summary, case decided on December 05,2008, LexisNexis #0109-086

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

Trusted Net Media Holdings LLC v. Morrison Agency Inc.

Appellant debtor sought review of a judgment of the district court for the Northern District of Georgia affirming a bankruptcy court order denying on waiver grounds the debtor's motion to dismiss an involuntary bankruptcy proceeding against the debtor brought by appellee creditor pursuant to 11 U.S.C.S. § 303(b). The court granted rehearing en banc as to one issue.
Ruling: 
Requirements for commencing involuntary bankruptcy are not jurisdictional.
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Commercial case opionion summary, case decided on December 02,2008, LexisNexis #0109-100

In re Patriot Aviation Servs.

The official committee of unsecured creditors for a chapter 11 debtor filed a motion for partial summary judgment on its objection to a claim of an aborted securities purchaser. The committee sought to subordinate the claim to the claims of general unsecured creditors pursuant to 11 U.S.C.S. § 510(b).
Ruling: 
Alternative transaction fee due on aborted securities transaction was only subject to subordination to secured claims.
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Commercial case opionion summary, case decided on November 18,2008, LexisNexis #1208-114

Jensen v. Bank of Am. Mortg. Capital Corp. (In re General Mortg. Corp. of Am.)

Plaintiff sued defendant mortgage assignees, seeking to recover an avoided transfer pursuant to 11 U.S.C.S. § 550. The trustee renewed her motion for summary judgment.
Ruling: 
Trustee could avoid transfer received by mortgage servicing agent on behalf of mortgagee.
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Commercial case opionion summary, case decided on November 17,2008, LexisNexis #0209-138

In re Sarahs Tent LLC

The court entered an order authorizing the sale of substantially all of the debtor's assets free and clear of liens, claims, and encumbrances, the assumption and assignment of the debtor's principal leasehold, and related relief.
Ruling: 
Sale of debtor's assets free and clear approved.
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Commercial case opionion summary, case decided on November 07,2008, LexisNexis #1208-071

Advantage One Mortg. Corp. v. SCP-Capri MG Owner LLC (In re Advantage One Mortg. Corp.)

Debtor filed an action against defendant creditor seeking the release of garnished funds claiming the service of a writ of garnishment created a judicial lien subject to avoidance pursuant to 11 U.S.C.S. § 547. The issue was whether the lien created by service of a writ of garnishment constituted a "judicial lien" or a "statutory lien."The debtor moved for summary judgment.
Ruling: 
Lien created by service of a writ of garnishment was a judicial lien and subject to avoidance.
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Commercial case opionion summary, case decided on November 04,2008, LexisNexis #0109-083

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 Blue Stone Real Estate Constr. & Dev. Co.

Debtor corporations filed separate petitions under chapter 11 of the Bankruptcy Code, and the cases were consolidated. The debtors filed a motion for an order authorizing them to retain a chief restructuring officer (CRO), and the court granted the motion over objection of the United States Trustee (UST). The UST filed a notice of appeal.
Ruling: 
Isues important to case administration certified to court of appeals.
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Commercial case opionion summary, case decided on October 17,2008, LexisNexis #1108-094

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