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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

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

Houlihan Lokey Howard & Zukin Capital v. High River Ltd. Pship (In re XO Communs.)

Appellant financial company sought review of an order from the United States District Court for the Southern District of New York, which upheld a bankruptcy court's award of $ 4 million to the company for financial restructuring services to appellee debtor.
Ruling: 
Drastically reduced award of fees to financial company that provided debtor with restructuring services remanded due to ambiguities in bankruptcy court opinion.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on October 15,2008, LexisNexis #1108-135

Chartschlaa v. Nationwide Mut. Ins. Co.

Plaintiff insurance agent and agency sued on several claims arising out of defendant insurers' termination of their relationship. The U.S. District Court for the District of Connecticut entered judgment for plaintiffs. The insurers appealed, and plaintiffs cross-appealed the district court's denial of their motion for prejudgment interest and grant of the insurers' motion for judgment as a matter of law on one of their claims.
Ruling: 
Debtor's renamed insurance agency and claims under agency agreement were property of the estate.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on August 14,2008, LexisNexis #0908-023