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In re Riffle

A secured creditor of chapter 13 debtors, a husband and wife, filed a motion seeking automatic dismissal of the debtors' case pursuant to 11 U.S.C.S. § 521(i)(1).
Ruling: 
Filing of most recent pay stub and earnings report satisfied requirement for filing of payment advices.
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Consumer case opionion summary, case decided on January 24,2008, LexisNexis #0508-008

In re Delta Air Lines

Debtor airline, a chapter 11 debtor, objected to claims filed by "owner participants" (OPs) that were based on tax indemnification agreements (TIAs) and claims filed by indenture trustees under stipulated loss value (SLVs) contracts relating to leases associated with structured aircraft financing agreements. At issue, inter alia, was the status of such claims under 11 U.S.C. § 502.
Ruling: 
Debtor's objections to claims of owner participants overruled.
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Commercial case opionion summary, case decided on January 16,2008, LexisNexis #0208-133

In re Basis Yield Alpha Fund (Master)

Petitioner liquidators of a foreign debtor, an exempted limited liability financial company incorporated under the laws of the Cayman Islands, sought U.S. recognition of the debtor's Cayman Islands insolvency proceeding. No objection to recognition was made by any party, and the liquidators moved for summary judgment of recognition of the foreign proceeding as a foreign main proceeding.
Ruling: 
Cayman Islands insolvency proceeding of exempted company was not required to be recognized as a foreign main proceeding in absence of evidence of nature of business.
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Commercial case opionion summary, case decided on January 16,2008, LexisNexis #0208-061

In re Dunmore Homes Inc.

The creditors filed a motion to transfer venue of the debtor's chapter 11 case, pursuant to 28 U.S.C. § 1412, to the Eastern District of California. The banks and debtor opposed the motion.
Ruling: 
Venue transferred from state where debtor was incorporated and domiciled to state where sources of funding were located in interests of judicial economy.
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Commercial case opionion summary, case decided on January 14,2008, LexisNexis #0208-063

Micro Connections Inc. v. Shah (In re Shah)

Plaintiff judgment creditors brought an adversary proceeding against defendant debtor seeking to have debtor's discharge denied pursuant to 11 U.S.C. § 727(a)(3) and (a)(4)(A).
Ruling: 
Discharge denied due to debtor's failure to produce documents, deficient record keeping and false oaths and accounts.
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Consumer case opionion summary, case decided on January 10,2008, LexisNexis #0208-051

Savage & Assocs. v. Mandl (In re Teligent Inc.)

The plaintiff, the unsecured claim estate representative of the debtor, commenced an adversary proceeding to avoid and recover alleged preferential and fraudulent transfers made by the debtor to defendant, the former chief executive officer ("CEO") of the debtor. The preference amount was $40,105.40 and the constructive fraudulent transfer concerned loan proceeds in the amount of $12 million the CEO was released from having to repay.
Ruling: 
Debt forgiveness extended to debtor's former CEO was avoidable.
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Commercial case opionion summary, case decided on January 03,2008, LexisNexis #0208-028

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