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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 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

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

Rollins v. Neilson (In re Cedar Funding Inc.)

Plaintiffs, investors in a second deed of trust created through the debtor on a third party's real property, filed an adversary proceeding requesting a judicial declaration that they had either an equitable or a legal interest in the note and deed of trust securing repayment. Defendant, the chapter 11 trustee, moved to dismiss the complaint, asserting the interest was subject to avoidance as a preferential transfer under 11 U.S.C.S. § 547(b).
Ruling: 
Bankruptcy court refused to dismiss complaint of investors seeking judicial declaration of an equitable or legal interest in debtor's property.
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Commercial case opionion summary, case decided on October 30,2008, LexisNexis #0209-120

Airdigm Communs. Inc. v. FCC (In re Airdigm Communs. Inc.)

Appellants, debtor and creditor, appealed the judgment of the United States District Court for the Western District of Wisconsin that affirmed a bankruptcy court's decision to award appellee Federal Communications Commission (FCC) post-confirmation interest for the period between confirmation of the debtor's 2000 plan of reorganization and commencement of new bankruptcy proceedings in 2006.
Ruling: 
Bankruptcy court did not err in awarding post-confirmation interest to FCC based on interpretation of plan.
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #0109-057

Regen Capital I Inc. v. Halperin (In re U.S. Wireless Data Inc.)

Appellant successor sought review of a judgment of the district court for the Southern District of New York, which found in favor of appellee trustee and affirmed a bankruptcy court's order expunging the successor's pre-petition general unsecured claim under the predecessor's executory contract on the ground that the successor sought additional compensation for a previously resolved "cure claim"under 11 U.S.C.S. § 365.
Ruling: 
Secured creditor's prepetition general unsecured claim under executory contract to be assumed disallowed due to predecessor's failure to object to cure amount.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #1208-094

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

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

In re UAL Corp.

The matter was before the court upon the cross-appeals of debtor and a terminated employee of the decision of the U.S. Bankruptcy Court for the Northern District of Illinois denying debtor's motion to hold the terminated employee and his counsel in contempt for suing debtor for employment discrimination in a California state court after confirmation of debtor's plan of reorganization was confirmed.
Ruling: 
Bankruptcy court erred in holding that terminated employee's postpetition, preconfirmation cause of action for discrimination was not barred by discharge.
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #1108-138

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