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In re XO Communs. Inc.

On remand from the U.S. Court of Appeals for the Second Circuit, the court was directed to clarify its determination, pursuant to 11 U.S.C.S. § 330(a), of the transaction fee awarded to a financial advisor for its services as restructuring financial advisor to a chapter 11 debtor.
Ruling: 
Chapter 11 debtor's financial advisor awarded additional fees for restructuring of unsecured debt.
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Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0109-065

In re St. Vincents Catholic Med. Ctrs.

The post-effective date debtors, medical centers, moved for an order to establish procedures for determining covered person status for certain defendants in medical malpractice actions, and moved to enforce the automatic stay under 11 U.S.C.S. § 362, and plan injunction under 11 U.S.C.S. § 524(e), with respect to those defendants, who were non-debtor doctors and others employed by the debtors.
Ruling: 
Motion to enforce stay in favor of non-debtor third party medical malpractice defendants denied.
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Commercial case opionion summary, case decided on December 04,2008, LexisNexis #0209-066

In re Lehman Bros. Inc.

Certain former employees of the debtor who were participants under and who had unspecified claims for compensation and other relief arising with respect to deferred compensation plans moved for discovery pursuant to Fed. R. Bankr. P. 2004 for a list of all participants in the debtor's deferred compensation plans.
Ruling: 
Debtor's former employees' motion for discovery of list of participants in deferral compensation plan granted.
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Commercial case opionion summary, case decided on November 26,2008, LexisNexis #0209-132

In re Payroll Express Corp.

Several judgment creditors assigned their money judgment against two individual chapter 11 debtors to an assignee. The assignee thereafter filed an application in the court, seeking to enforce the judgment against the unclaimed dividends remaining in the bankruptcy estate of a chapter 11 corporate debtor. The assignee claimed the corporate debtor and the individual debtors were alter egos.
Ruling: 
Unclaimed dividends could not be used to satisfy judgment where corporate debtor's case had been dismissed without plan confirmation.
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Commercial case opionion summary, case decided on November 24,2008, LexisNexis #0209-065

In re R&G Properties Inc.

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and movant creditor filed an emergency motion seeking an order extending the bankruptcy court's order excusing a receiver who was appointed in a pre-petition state court foreclosure action from the turnover requirements of 11 U.S.C.S. § 543. The debtor opposed the motion.
Ruling: 
Receiver in foreclosure action was not entitled to extension of exemption from turnover requirements once term of original order expired.
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Commercial case opionion summary, case decided on November 21,2008, LexisNexis #0109-080

Nugent Establishment Industrie F.L. v. Agency for Deposti Ins. Of Serb. (In re Agency for Deposit Ins. Of Serbia)

Plaintiff appealed from an order of the United States District Court for the Southern District of New York, which granted defendant petitioner's motion for summary judgment on its petition under former 11 U.S.C.S. § 304.
Ruling: 
Petition for recognition of foreign proceeding was brought by a proper "foreign representative" and properly granted.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on November 21,2008, LexisNexis #1208-133

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

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

In re Ridgemour Meyer Props. LLC

A bankruptcy debtor and its joint venturer disputed whether to continue their venture to erect a high-rise building on property contributed by the debtor, and an arbitrator determined that the debtor would control the property pending dissolution of the joint venture and a determination of the parties'rights and obligations. The debtor then filed its bankruptcy petition, and the joint venturer moved for appointment of a trustee.
Ruling: 
Chapter 11 trustee appointed for cause due to debtor's concealment of property transfer.
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Commercial case opionion summary, case decided on November 12,2008, LexisNexis #0209-124

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