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Richardson v. Preston (In re Antex Inc.)

Defendant transferee appealed a decision of the Bankruptcy Court for the District of Rhode Island that granted summary judgment in favor of plaintiff chapter 7 trustee, on his fraudulent transfer complaint.
Ruling: 
Bankruptcy court properly avoided transfer on basis that recipient, not paying corporate officer, was initial transferee.
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Commercial case opionion summary, case decided on December 08,2008, LexisNexis #0309-033

Rederford v. US Airways Inc.

Plaintiff former employee sued defendant airline, alleging that she was terminated in violation of the Americans with Disabilities Act. The airline then filed for chapter 11 bankruptcy protection. The employee's claim was disallowed after she failed to file a written response or request a hearing in response to the airline's objection to the class of claims that included her claim. The airline then moved to dismiss for failure to state a claim.
Ruling: 
Employee's ADA claim was discharged due to failure to respond to debtor's objection to relevant class of claims.
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Commercial case opionion summary, case decided on November 19,2008, LexisNexis #1208-138

In re Select Car Rental Inc.

A debtor filed an application for approval of the employment of an attorney as special counsel, pursuant to 11 U.S.C.S. § 327(e), for the purpose of representing the debtor in a contested matter regarding a creditor's proof of claim. The creditor objected to the application.
Ruling: 
Attorney representing third party plan proponents could not represent debtor in contested adversary proceeding.
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Commercial case opionion summary, case decided on November 17,2008, LexisNexis #0109-002

In re High Voltage Engg Corp.

The liquidating supervisor for chapter 11 debtors filed a motion pursuant to 11 U.S.C.S. § 554 for an order authorizing the abandonment to the New Jersey Department of Environmental Protection of the debtors'contingent interest in certain funds held in trust, and a motion pursuant to Fed. R. Bankr. P. 9019 for authority to cause the debtors to enter into a settlement agreement with two individuals and the State of New Jersey.
Ruling: 
Funds, in which debtor had contingent interest, held in trust for remediation of contaminated property could be paid to state environmental agency as part of settlement rather than abandoned.
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Commercial case opionion summary, case decided on November 07,2008, LexisNexis #1208-099

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

Lassman v. Schultz (In re Anctil Plumbing & Mech. Contractors Inc.)

Defendants, the attorney for chapter 7 debtors and the attorney's firm, filed a motion to dismiss plaintiff chapter 7 trustee's adversary proceeding, which sought the turnover or recovery of money paid to the attorney from the debtor-in-possession account of one of the debtors prior to the conversion of the debtor's case from chapter 11. The attorney also filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011(c)(1)(A).
Ruling: 
Payment of "flat fee retainer" paid to debtor's attorney out of debtor-in-possession amount was not authorized.
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Commercial case opionion summary, case decided on September 15,2008, LexisNexis #1008-057

In re Diomed Inc.

A claimant in a chapter 11 debtor's bankruptcy case sought allowance and payment of an administrative claim pursuant to 11 U.S.C.S. § 503(a), § 503(b), and § 507(a)(2), consisting of royalties for the use of a patent in products that were sold postpetition but prior to the rejection of a license agreement, royalties for the bulk sale of products using the patent, net settlement proceeds derived from two settlements, and damages.
Ruling: 
Administrative expense claims allowed for pre-rejection royalty claim and proceeds of patent settlement.
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Commercial case opionion summary, case decided on September 15,2008, LexisNexis #1008-040

Drew v. Latimer Biaggi Rachid & Godreau (In re El Commandante Mgmt. Co. LLC)

Chapter 11 plan administrator challenged the report and recommendation of a Magistrate Judge, who recommended that the decision of the Bankruptcy Court for the District of Puerto Rico granting the request of appellee, the debtors' law firm, for compensation be affirmed, and recommended that the case be remanded to the bankruptcy court in order to determine if post-judgment interest pursuant to 28 U.S.C.S. § 1961 should be imposed.
Ruling: 
Debtor's attorneys not entitled to postjudgment interest on award of fees which was in the nature of an administrative expense.
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Commercial case opionion summary, case decided on September 02,2008, LexisNexis #1008-035

Paging Network Inc. v. Nationwide Paging Inc. (In re Arch Wireless Inc.)

Appellant corporation that received a chapter 11 discharge sought to enforce that discharge against appellee company. The company argued that it did not receive proper notice of the bankruptcy proceedings and thus due process prevented the discharge injunction from barring its state court claims. The United States District Court for the District of Massachusetts denied the corporation's contempt motion. The corporation appealed.
Ruling: 
Discharge injunction did not apply against known creditor with only general awareness of debtor's case.
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Commercial case opionion summary, case decided on July 23,2008, LexisNexis #0808-098

In re Fibercore Inc.

The chapter 7 trustee moved for approval of a proposed compromise with debtor and a bank, which compromise would settle a claimed violation of the automatic stay in 11 U.S.C.S. § 362. An objection was filed by a creditor, which was also a shareholder in debtor. At issue was whether the compromise met the Jeffrey v. Desmond standards prevailing in the First Circuit and whether the compromise was otherwise proper under Fed. R. Bankr. P. 9019.
Ruling: 
Compromise settling claimed stay violation approved provided trusteee waived all claims that stay applied.
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Commercial case opionion summary, case decided on July 14,2008, LexisNexis #0908-064

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