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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

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

Lodge at Sonterra Ltd. v. PNC Fin. Servs. Group Inc.

Plaintiffs, 23 limited partnerships and an individual, sued defendants, a financial services company, a bank, and two limited liability companies (LLC), in state court. The financial services company and the bank removed the case to federal court pursuant to 28 U.S.C.S. §§ 1334(b) and 1452(a). They moved to transfer the case to bankruptcy court and for an order to implement Local Rule 83.4.1. The partnerships and the LLCs moved to remand.
Ruling: 
Claims related to bankruptcy of management company but that were not core matters remanded to state court.
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Commercial case opionion summary, case decided on December 17,2008, LexisNexis #0209-035

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

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 Texas Std. Oil Corp.

Debtor, an oil company, filed a petition under chapter 11 of the Bankruptcy Code, and asked the court for permission to assign its interests in an oil and gas lease to a partnership (LP). The debtor's creditors filed an objection to the debtor's motion.
Ruling: 
Debtor could not assign interest in oil and gas lease for no consideration.
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Commercial case opionion summary, case decided on November 12,2008, LexisNexis #0209-109

In re Tusa-Expo Holdings Inc.

After filing for bankruptcy relief under chapter 11, the debtors moved for an order authorizing them to pay pre-petition wages, compensation, and employee benefits. The court considered the motion at a hearing. No objection to the motion was lodged.
Ruling: 
Debtors authorized to pay priority claims for prepetition wages, compensation and employee benefits.
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Commercial case opionion summary, case decided on November 07,2008, LexisNexis #1208-041

Cailouet v. First Bank & Trust (In re Entringer Bakeries Inc.)

A bankruptcy court found plaintiff trustee could avoid a debtor's transfer to defendant bank as an 11 U.S.C.S. § 547(b) preference but the funds were "earmarked" for the bank (out of a new lender's loan) and thus avoidable only to the extent the estate was diminished. The district court for the Eastern District of Louisiana affirmed. The trustee appealed the application of the earmarking doctrine; both parties appealed the amount.
Ruling: 
Earmarking doctrine did not apply with regard to preferential transfer where debtor had complete control of funds.
Court: 5th Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on November 06,2008, LexisNexis #1208-098

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

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