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Scully v. Danzig (In re Valley Food Servs. LLC)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant and third-party plaintiff guarantor of obligations owed to third-party defendant bank by a bankruptcy debtor, and the guarantor asserted that the bank improperly manipulated perfection of security interests which subjected the guarantor to preference liability. The bank moved to dismiss the third-party complaint for lack of jurisdiction.
Ruling: 
Claim that would not have effect on bankruptcy case was not within bankruptcy court jurisdiction or supplemental jurisdiction.
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Commercial case opionion summary, case decided on December 09,2008, LexisNexis #0309-134

In re Benchmark Homes Inc.

Pursuant to 11 U.S.C.S. § 503(b), claimants filed a motion for immediate payment of allowed administrative expenses following a dispute as to the appropriate method of distributing the proceeds of the sale of estate assets among various claimants.
Ruling: 
Motion for immediate payment of allowed administrative expenses denied.
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #0109-009

Blodgett v. Stoebner (In re T.G. Morgan Inc.)

Appellant objectors sought review of a decision of the United States Bankruptcy Court for the District of Minnesota, which denied their objections to a final report filed by a chapter 7 trustee and which denied their motion for reconsideration filed under Fed. R. Civ. P. 60(b).
Ruling: 
Objections to trustee's final report properly overruled where objectors did not have allowed claims and lacked standing.
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Commercial case opionion summary, case decided on October 01,2008, LexisNexis #1008-137

Contractors Laborers Teamsters & Engrs Health & Welfare Plan v. M&S Grading Inc. (In re M&S Grading Inc.)

Appellants, various employee benefit plans and the plans' trustees, sought review after the District Court for the District of Nebraska affirmed orders issued by a bankruptcy court, including an order granting summary judgment to appellees, a bankrupt excavation company, a bankruptcy trustee, and a bank, as to appellants' claim that the trustee improperly made payments from the bankruptcy estate to the bank instead of to the plans.
Ruling: 
Trustee was not unjustified in failing to exercise powers to proceed against bank that received debtor's accounts receivable proceeds.
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Commercial case opionion summary, case decided on September 09,2008, LexisNexis #1008-029

United States v. Schilke (In re Schilke)

Appellant, the United States, filed objections to the proposed chapter 12 plan submitted by appellee bankruptcy debtor. It appealed after the United States Bankruptcy Court for the District of Nebraska overruled its objections and confirmed the debtor's chapter 12 plan.
Ruling: 
Bankruptcy court properly allowed chapter 12 debtors to treat postpetition taxes from sale of farm assets as administrative expenses.
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Commercial case opionion summary, case decided on September 09,2008, LexisNexis #1008-041

Milavetz Gallop & Milavetz PA v. United States

Appellants, a law firm, a firm president, a firm attorney and two clients, appealed from the District Court for the District of Minnesota which granted summary judgment in favor of appellee United States. Appellants claimed that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), 11 U.S.C.S. §§ 526(a)(4), 528(a)(4), (b)(2), did not apply to attorneys and law firms and was unconstitutional as applied to attorneys.
Ruling: 
BAPCPA's 526(a)(4) restrictions on "debt relief agencies" unconstitutional as applied to attorneys meeting that definition.
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Commercial case opionion summary, case decided on September 04,2008, LexisNexis #0908-119

Bettys Homes Inc. v. Cooper Homes Inc. (In re Bettys Homes Inc.)

Debtor home builder filed a complaint against creditor material supplier to avoid as a preferential transfer under 11 U.S.C.S. § 547 a payment by cashier's check from a bank to the creditor within the 90 days prior to the debtor filing its voluntary chapter 11 bankruptcy petition.
Ruling: 
Transfer to material supplier within preference period in order to prevent filing of mechanic's lien was not preferential where not shown that supplier received more it would have received in chapter 7 case.
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Commercial case opionion summary, case decided on September 03,2008, LexisNexis #1108-046

In re Merit Transp. Co. LLC v. Pilgrims Pride Corp. (In re Merit Transp. Co. LLC)

Defendant corporation filed a motion for withdrawal of the reference to the bankruptcy court in plaintiff debtor's adversary proceeding, which sought payment on an account for services provided.
Ruling: 
Bankruptcy court recommended withdrawal of reference of debtor's collection proceeding in which defendant was entitled to jury trial.
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Commercial case opionion summary, case decided on September 02,2008, LexisNexis #1208-058

PW Enters. v. N.D. Racing Commn (In re Racing Servs.)

Appellant, a creditor of a chapter 7 debtor, filed an adversary complaint in bankruptcy court against appellees, a State and state entities, seeking avoidance under 11 U.S.C.S. §§ 547 and 548. The bankruptcy court denied the creditor's subsequent motion for leave to pursue the claims. The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed the denial of the creditor's motion. The creditor appealed.
Ruling: 
Creditor should have been allowed to pursue avoidance proceeding where trustee did not oppose the action.
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Commercial case opionion summary, case decided on August 29,2008, LexisNexis #0908-103

In re Alvo Grain & Feed

Debtor, a grain and feed company in a chapter 11, moved per 11 U.S.C.S. § 365 for orders granting motions to assume executory grain contracts, which contracts would then be assigned to buyers to which debtor had sold the grain for future delivery. Opposing the motion were four producers, parties to the original contracts under which debtor was buying the grain. At issue was whether those contracts were nonassumable as claimed by the producers.
Ruling: 
Bankruptcy did not void executory contracts allowing debtor to assume and assign contracts to buyers.
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Commercial case opionion summary, case decided on August 26,2008, LexisNexis #0908-115

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