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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

In re Patriot Aviation Servs.

The official committee of unsecured creditors for a chapter 11 debtor filed a motion for partial summary judgment on its objection to a claim of an aborted securities purchaser. The committee sought to subordinate the claim to the claims of general unsecured creditors pursuant to 11 U.S.C.S. § 510(b).
Ruling: 
Alternative transaction fee due on aborted securities transaction was only subject to subordination to secured claims.
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Commercial case opionion summary, case decided on November 18,2008, LexisNexis #1208-114

Delrey Windows Inc. v. Mars Builders Inc. (In re Mars Builders Inc.)

Plaintiff creditor asked the court to declare that it had standing, in connection with an adversary complaint against defendant partnership, to prosecute a fraudulent conveyance claim allegedly abandoned by the trustee per 11 U.S.C.S. § 554. Rulings as to discovery matters relating to underlying issues were also sought as were rulings on the effect of such ruling on the court's subject matter jurisdiction given Fed. R. Civ. P. 12(h)(3).
Ruling: 
Mere failure of trustee to prosecute action on behalf of estate did not constitute abandonment.
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Commercial case opionion summary, case decided on November 18,2008, LexisNexis #0109-017

Jensen v. Bank of Am. Mortg. Capital Corp. (In re General Mortg. Corp. of Am.)

Plaintiff sued defendant mortgage assignees, seeking to recover an avoided transfer pursuant to 11 U.S.C.S. § 550. The trustee renewed her motion for summary judgment.
Ruling: 
Trustee could avoid transfer received by mortgage servicing agent on behalf of mortgagee.
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Commercial case opionion summary, case decided on November 17,2008, LexisNexis #0209-138

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 Frontier Airlines Holdings Inc.

Debtor airline filed a motion under 11 U.S.C.S. § 1113 for authority to reject its collective bargaining agreements (CBAs) with three groups of its employees, all of whom were represented as their bargaining agent by the Teamsters Airline Division of the International Brotherhood of Teamsters (the union).
Ruling: 
Airline authorized to reject collective bargaining agreements.
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Commercial case opionion summary, case decided on November 14,2008, LexisNexis #0909-018

In re New Rochelle Tel. Corp.

Before the court were two motions which were procedurally consolidated. The first was a motion filed by the debtor seeking, inter alia, to determine that, because creditor was a utility which entered into an executory contract with the debtor prior to bankruptcy, the parties' rights and obligations were governed by 11 U.S.C.S. § 365 and not 11 U.S.C.S. § 366. The second motion was the creditor's motion to convert the case to a chapter 7.
Ruling: 
Prepetition service agreement with utility was entitled to applicable protection and could not be treated as an executory contract.
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Commercial case opionion summary, case decided on November 13,2008, LexisNexis #0109-008

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

Shaw Group Inc. v. SWE&C Liquidating Trust (In re Stone & Webster Inc.)

Appellant, a buyer of debtors'assets, challenged an order of the bankruptcy court of the District of Delaware denying its motion to intervene under Fed. R. Civ. P. 24(a)(1), (2) and 11 U.S.C.S. § 1109(b) in an adversary the debtors, a company and its subsidiary, filed to contest their liability under the company's guarantee of any award against the subsidiary's joint venture in connection with an oil company contract.
Ruling: 
Bankruptcy court properly denied motion by purchaser of debtor's assets to intervene in adversary proceeding based on alleged subrogation rights to creditor's claim.
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Commercial case opionion summary, case decided on November 13,2008, LexisNexis #1208-103

Joremi Enters. v. Hershkowitz (In re New 118th LLC)

Plaintiff investors brought an action in state court against defendants: debtor, three individuals, et al. After that court ordered relief against the affiliated debtors, plaintiffs removed the action to district court which referred it to the instant court. Plaintiffs assigned the proceeds of their claims to debtors'estates, and filed an amended complaint, which dropped all defendants other than the individuals, one of which moved to remand.
Ruling: 
Guarantee dispute remanded pursuant to mandatory abstention once established that the matter would not affect administration.
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Commercial case opionion summary, case decided on November 13,2008, LexisNexis #1208-091

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