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In re Haven Eldercare LLC

The trustee filed a motion to compel the payment by chapter 11 debtors and certain of the debtors'lenders of quarterly fees pursuant to 28 U.S.C.S. § 1930(a)(6).
Ruling: 
Debtor-in-possession enders were not liable for quarterly chapter 11 fees where not provided for in financing order.
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Commercial case opionion summary, case decided on October 17,2008, LexisNexis #0109-095

White Oak Corp. v. American Intl Group Inc. (In re National Eastern Corp.)

One plaintiff and one defendant (objecting parties) filed motions to abstain and to remand to state court the captioned adversary proceeding, which had been removed to the bankruptcy court pursuant to 28 U.S.C.S. § 1452(a). The basis of the complaint was that defendants, sureties and attorneys, rather than acting on the behalf of the plaintiffs, the debtor and its affiliates under an indemnity agreement, acted in their own self-interest.
Ruling: 
Proceeding against debtor contractor's sureties and attorneys for acting in self-interest under indemnity agreement remanded to state court.
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Commercial case opionion summary, case decided on July 25,2008, LexisNexis #0808-088

In re Eldercare

The debtors filed separate voluntary petitions for relief under chapter 11. The debtors sought to sell or otherwise transfer or transition a large portion of their nursing facility assets and business operations to the proposed transferees, and permit the State to establish receiverships for several additional nursing facilities. The committee of unsecured creditors filed a timely objection to the transfer motions.
Ruling: 
Sale of debtor's nursing home assets and operations supported by sound business reasons approved.
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Commercial case opionion summary, case decided on July 04,2008, LexisNexis #1008-005

Daly v. Konover Constr. Corp. (In re Homesteads Cmty. at Newtown LLC)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, alleging that the creditor improperly asserted an invalid and unenforceable mechanics' lien against real property of the bankruptcy debtor. The trustee applied for appointment of a law firm to represent the estate in the proceeding pursuant to 11 U.S.C.S. § 327, and the creditor objected on the ground of conflict of interest.
Ruling: 
Law firm could not represent estate in challenge to creditor's mechanics' lien unless it ceased to represent debtor's principal and equity holder.
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Commercial case opionion summary, case decided on June 26,2008, LexisNexis #0708-132

In re Windham Mills Dev. Corp.

A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor submitted a plan allowing a secured creditor to purchase the debtor's property as part of the plan of reorganization. The court issued an order that determined the value of the collateral, pursuant to 11 U.S.C.S. § 506 (506. The State of Connecticut, Department of Economic and Community Development (the DECD) filed a motion to vacate the 506 order.
Ruling: 
Redetermination of value of collateral appropriate given changed circumstances.
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Commercial case opionion summary, case decided on April 08,2008, LexisNexis #0508-135

In re Milford Conn. Assocs. LP

A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor submitted a proposed plan of reorganization for confirmation.
Ruling: 
Reconfirmation of plan, original confirmation of which was vacated, denied due to failure to satisfy feasibility requirement.
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Commercial case opionion summary, case decided on March 10,2008, LexisNexis #0408-137

In re Haven Eldercare LLC

Bankruptcy debtors in jointly administered cases moved pursuant to 11 U.S.C.S. § 331 for approval of a procedure under which professionals and others could be compensated from estate assets on a monthly basis prior to court approval of their fees and/or expenses.
Ruling: 
Approval of advance payment procedure for professional fees and expenses denied.
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Commercial case opionion summary, case decided on February 13,2008, LexisNexis #0308-106