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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 Greektown Holdings LLC

Pursuant to 11 U.S.C.S. § 365(d)(2), a general contractor moved to compel the chapter 11 debtors to assume or reject a construction contract between the contractor and the debtors. If assumed, the contractor sought an adequate assurance of future performance.
Ruling: 
Creditor's motion to compel debtor to assume or reject construction contract denied where postpetition payments were current and project was nearing completion.
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Commercial case opionion summary, case decided on December 16,2008, LexisNexis #0309-076

In re Cincom iOutsource Inc.

Debtor corporation filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. Movant creditor filed a proof of claim after the deadline established by the court, and moved for an order deeming its proof of claim as timely. The trustee and another creditor opposed the creditor's motion.
Ruling: 
Proof of claim failed after creditor was added to amended schedule was deemed timely.
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Commercial case opionion summary, case decided on November 20,2008, LexisNexis #0109-021

Barnhills Buffets Inc. v. SCS Gen. Contrs. Inc. (In re Barnhills Buffets Inc.)

Defendant, a secured creditor of a chapter 7 debtor, and cross-defendant, a company that was alleged to be the debtor's alter ego, filed motions for summary judgment in defendant and counterplaintiff contractor's action, alleging that it had equitable liens against the leasehold interests of the debtor and the fee interests of the lessors, and that the company should be held jointly and severally liable with the debtor on the contractor's claims.
Ruling: 
Contractor's equitable lien against debtor's leasehold interest in properties terminated on petition date.
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Commercial case opionion summary, case decided on November 19,2008, LexisNexis #0109-082

UMW 1974 Plan & Trust v. Lexington Coal Co. LLC (In re HNRC Dissolution Co.)

Debtors participated in a multiemployer pension plan until they terminated operations two years after filing chapter 11 cases. Termination constituted a complete withdrawal from the plan and caused them to incur withdrawal liability under the Employee Retirement Income Security Act. The plan challenged the U.S. Bankruptcy Court for the Eastern District of Kentucky's order denying its application for allowance of an administrative expense claim.
Ruling: 
Disallowance of administrative expense claim by multiemployer pension plan affirmed.
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Commercial case opionion summary, case decided on November 04,2008, LexisNexis #1208-065

Securities Investor Prot. Corp. v. Continental Capital Inv. Servs. (In re Continental Capital Inv. Servs.)

Plaintiff, the Securities Investor Protection Corporation (SIPC), filed an action against defendant debtor, resulting in appointment of a trustee for debtors' liquidation. A customer of debtor (claimant) filed two claims, which were denied by the trustee. The claimant filed a timely objection to the trustee's determination. The claims were before the court on the motion for summary judgment filed by the SIPC and the trustee.
Ruling: 
Claim against debtor investment service disallowed where creditor was not a "customer" entitled to protection under Securities Investor Protection Act.
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Commercial case opionion summary, case decided on November 04,2008, LexisNexis #0909-030

In re High Tech Packaging Inc.

An involuntary petition was filed against debtor corporation on May 15, 2008, and on June 9, 2008, the court adjudicated the corporation a debtor and appointed a trustee to represent the bankruptcy estate. The trustee filed a motion seeking permission to compromise claims creditors filed against the debtor's bankruptcy estate, and two creditors filed a limited objection to the trustee's motion.
Ruling: 
Settlement of claims against involuntary debtor's estate approved over objections of guarantors.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #0109-093

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

In re G & C Foundry Co.

In a chapter 11 case, two competing liquidation plans were presented, one by the debtor and one by the Official Committee of Unsecured Creditors (Creditors' Committee). The Creditors' Committee sought an order pursuant to 11 U.S.C.S. § 1126(c) striking the plan ballot of a union that accepted the debtor's plan.
Ruling: 
Court refused to strike union's ballot in favor of debtor's plan even though preventing acceptance of competing plan.
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Commercial case opionion summary, case decided on October 09,2008, LexisNexis #1208-024

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