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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 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

Swanson v. M&I Marshall (In re Vission Inc.)

A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff filed an action against defendant, a limited liability company (LLC) to avoid a lien given to the LLC, pursuant to 11 U.S.C.S. §§ 544 and 547, asserting that the transfer was preferential. The court issued findings and facts and conclusions of law. The trustee sought judgment on the pleadings.
Ruling: 
Lien that was perfected during preference period could be avoided.
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Commercial case opionion summary, case decided on December 10,2008, LexisNexis #0309-083

In re Sentinel Mgmt. Group

Several creditors of a chapter 11 debtor contested the confirmation of the debtor's amended plan of liquidation.
Ruling: 
Investment advisement company's plan confirmed over trustee's objection to treatment of customers.
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Commercial case opionion summary, case decided on December 08,2008, LexisNexis #0209-052

In re Central Ill. Energy LLC

Debtor, a Delaware limited liability company, filed a petition under chapter 11 of the Bankruptcy Code in December 2007, and the court converted the case to one under chapter 7 in August 2008. A creditor filed a motion for allowance of an administrative expense claim, and the chapter 7 trustee filed an objection to the motion.
Ruling: 
Creditor allowed an administrative expense claim for insurance paid on water treatment facility leased to debtor.
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Commercial case opionion summary, case decided on November 25,2008, LexisNexis #0109-038

Baldi v. Samuel Son & Co.

Appellant bankruptcy trustees filed an adversary proceeding against appellee creditors seeking to recover, pursuant to 11 U.S.C.S. § 544(b) and 740 ILCS 160/6(a), payments that a debtor company paid to the creditors. The trustees appealed after a bankruptcy court ruled against them. They appealed again after the United States District Court for the Northern District of Illinois, Eastern Division, affirmed the bankruptcy court's decision.
Ruling: 
Bankruptcy court properly refused to avoid payments to creditor where expert who sought to establish debtor's insolvency at time of transfers was not credible.
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Commercial case opionion summary, case decided on November 24,2008, LexisNexis #1208-136

CLC Creditors Grantor Trust v. Howard Savings Bank (In re Commercial Loan Corp.)

Debtor, a loan corporation, filed a petition under chapter 11 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The court confirmed the creditors' Second Amended Plan of Liquidation, which provided for the creation of plaintiff trust, and the trust filed an adversary proceeding against defendant banks, seeking an order avoiding transfers the debtor made to the banks. The banks moved for summary judgment.
Ruling: 
Prepetition transfers to banks were not avoidable due to debtor's fraudulent purchase of stock from those banks.
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Commercial case opionion summary, case decided on November 19,2008, LexisNexis #0209-067

Burk v. Steve & Barrys Ill. LLC

Plaintiff customers sued defendant retail store and mall management company, alleging race and ethnicity discrimination in violation of 42 U.S.C.S. § 1981, defamation, and false imprisonment. The retail store filed a suggestion of bankruptcy upon the record, indicating that its parent company had filed for chapter 11 bankruptcy protection. The customers asked that proceedings against both the store and the mall management company be stayed.
Ruling: 
Discrimination case against store whose parent company filed for bankruptcy and mall management company stayed in full where store was necessary party.
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Commercial case opionion summary, case decided on November 13,2008, LexisNexis #1208-075

In re SVI Media Inc.

A law firm, chapter 7 debtors'counsel, filed an application for an award of attorney fees and costs, to be paid out of prepetition retainers. The Chapter 7 trustee filed an application to retain an attorney from the firm to represent the trustee pursuant to 11 U.S.C.S. § 327.
Ruling: 
Debtor's attorney whose fees exceeded prepetition retainer was a creditor and could not be retained by the trustee.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #0209-106

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