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In re Ampex Corp.

Movant shareholder filed a motion for an order directing the appointment of an official committee of equity security holders under 11 U.S.C.S. § 1102(a)(2). Respondents, the debtors, the United States Trustee, and a creditor opposed the motion.
Ruling: 
Appointment of official committee of equity security holders denied where significant distribution was unlikely.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0608-121

In re Vining

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and proposed a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and the trustee and a creditor filed objections to the debtors' plan.
Ruling: 
Confirmation denied due to improper payment sequence.
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Consumer case opionion summary, case decided on May 14,2008, LexisNexis #0608-129

In re Winer

Debtor filed a petition for relief under chapter 7 of the Bankruptcy Code, and two weeks later, the debtor's landlord filed a motion seeking an order confirming the absence of the automatic stay, pursuant to 11 U.S.C.S. § 362(b)(22), or in the alternative, granting the landlord relief from the automatic stay, pursuant to 11 U.S.C.S. § 362(d). The debtor opposed the motion.
Ruling: 
Eviction action not stayed where judgment of possession was obtained prior to petition date.
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Consumer case opionion summary, case decided on May 13,2008, LexisNexis #0608-111

Jimenez v. NYCTL 1996-1 Trust (In re Jimenez)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor, seeking a determination that the creditor's lien against the debtor's real property, for unpaid taxes and other property-related charges, was discharged or unenforceable based on the creditor's mistaken statement that the amount secured by the lien was paid in full. The bankruptcy court conducted an evidentiary hearing.
Ruling: 
Mistaken representation that amount secured by lien was paid in full did not render lien unenforceable where retention is called for in the plan.
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Consumer case opionion summary, case decided on May 09,2008, LexisNexis #0608-068

Board of Tr. Adirondack Carpenters Pension Fund v. Parker (In re Parker)

Plaintiff boards of trustees of employee benefit plans brought an adversary proceeding against defendant bankruptcy debtor, alleging that debts to the plans owed by the debtor as an employer were nondischargeable under 11 U.S.C.S. § 523(a)(4) based on fiduciary defalcation, larceny, or embezzlement. The bankruptcy court conducted a trial.
Ruling: 
Debtor employer's failure to make contributions to employee benefit plans did not render debt nondischargeable as its role was not that of a fiduciary.
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Commercial case opionion summary, case decided on May 07,2008, LexisNexis #0608-046

Varde Inv. Partners LP v. Comair Inc. (In re Delta Air Lines Inc.)

Pending was the reorganized defendant debtors' motion under Fed. R. Bankr. P. 7012 and Fed. R. Civ. P. 12(b) to dismiss the Amended Complaint. Plaintiff claimants alleged they held $ 125,000,000 in claims against one or more of the debtors. The Amended Complaint (AC) asserted a single claim under 11 U.S.C.S. § 1144 to revoke debtors' confirmed Plan of Reorganization based upon debtors' alleged fraud in procurement of the confirmation order.
Ruling: 
Belated attempt by five creditors to revoke plan that was nearly unanimously approved dismissed due to lack of standing or factual support.
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Commercial case opionion summary, case decided on April 30,2008, LexisNexis #0608-104

In re Schneider

Both the chapter 13 trustee and a creditor objected to confirmation of debtors' plan under 11 U.S.C.S. § 1325. At issue was whether debtors were committing all of their "projected disposable income" to make payments to unsecured creditors under the plan.
Ruling: 
Form 22C expenses are solely for calculation of monthly disposable income and should not be used to adjust Schedule I projected disposable income.
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Consumer case opionion summary, case decided on April 28,2008, LexisNexis #0608-124

In re Clave

Debtor filed her chapter 7 petition on November 16, 2007. On January 23, 2008, her husband died, leaving her as the beneficiary of a life insurance policy in the amount of $ 250,000. On January 30, 2008, she filed a motion to convert her case to chapter 13. The trustee opposed the motion and asserted a possessory interest in the policy proceeds. On March 4, 2008, the trustee filed a motion to compel the Debtor to turnover the proceeds.
Ruling: 
Motion to compel turnover of insurance proceeds denied in absence of bad faith and conversion to chapter 13 granted.
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Consumer case opionion summary, case decided on April 28,2008, LexisNexis #0608-112

In re Applied Theory Corp.

The chapter 11 trustee moved for authorization to enter into a settlement agreement with the secured lenders of the debtor. The motion was opposed by the creditors' committee, which generally argued that aspects of the settlement were contrary to law and prejudicial to the debtors'unsecured creditor community and administrative expense creditors.
Ruling: 
Settlement disapproved as prejudicial to unsecured creditors and administrative expense creditors.
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Commercial case opionion summary, case decided on April 24,2008, LexisNexis #0608-140

In re Noeth Corp.

A debtor filed for relief under chapter 11 of the Bankruptcy Code. A law firm, as counsel for the debtor, filed for consideration an application for final compensation, pursuant to 11 U.S.C.S. § 330. The United States trustee objected to the fee application.
Ruling: 
Debtor's attorneys' fees approved with reductions for prepetition services and travel expenses.
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Commercial case opionion summary, case decided on April 24,2008, LexisNexis #0608-109

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