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In re Dana Corp.

A corporate debtor and its affiliated companies filed a petition for relief under chapter 11 of the Bankruptcy Code. The court established a deadline for filing proofs of claims, and 21 months after that deadline passed, movant claimant filed a motion for an order allowing him to amend an informal proof of claim or, in the alternative, permitting him to file a late-filed proof of claim. The debtors opposed the motion.
Ruling: 
Late filed proof of claim disallowed due to prejudice to emerged debtor and other creditors.
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Commercial case opionion summary, case decided on July 23,2008, LexisNexis #0908-128

Bondi v. Capital & Fin. Asset Mgmt.

Appellants challenged an order of the United States District Court for the Southern District of New York, denying a motion under 11 U.S.C.S. § 304 (repealed) by appellant debtor in foreign bankruptcy proceedings, to enjoin securities fraud actions brought against it in the United States.
Ruling: 
District court properly denied motion of debtor in foreign proceeding to enjoin U.S. securities fraud action.
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Commercial case opionion summary, case decided on July 22,2008, LexisNexis #0808-056

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

In re Monahan Ford Corp.

The trustee for a chapter 7 debtor asserted claims against a law firm for legal malpractice in their representation of the then-chapter 11 debtor-in-possession. The trustee filed a motion for partial summary judgment as to all issues except damages and the firm filed a cross motion for summary judgment.
Ruling: 
Law firm's failure to timely assume leases of seek extension was negligent as a matter of law.
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Commercial case opionion summary, case decided on July 02,2008, LexisNexis #0808-061

In re Raggie

The debtor, whose case had been previously dismissed pursuant to 11 U.S.C.S. § 109(h)(1), moved to vacate the order of dismissal and to amend Schedule B and the Statement of Financial Affairs to list a negligence cause of action against third parties, pursuant to 11 U.S.C.S. § 350(b) and Fed. R. Bankr. P. 1009(a).
Ruling: 
Debtor could amend schedules in dismissed case to list personal injury cause of action.
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Consumer case opionion summary, case decided on July 01,2008, LexisNexis #0808-036

In re Ober

A chapter 7 trustee filed a motion to dismiss a debtor's chapter 7 bankruptcy case for failure to file copies of all of the payment advices that the debtor received during the 60 days prior to the commencement of his bankruptcy proceeding, pursuant to 11 U.S.C.S. § 521(i)(1).
Ruling: 
Trustee barred from seeking dismissal of converted chapter 7 case for failure to file payment advices after failing to raise issue at preconversion chapter 13 plan confirmation.
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Consumer case opionion summary, case decided on June 27,2008, LexisNexis #0908-047

In re Carpenter

The chapter 7 trustee moved to modify, nunc pro tunc, the application to employ an auctioneer previously filed in the case, asserting that he had neglected, through inadvertence, to disclose to the court that an additional 10 percent buyer's premium was collected at the auctions and retained by the auctioneer as enhanced compensation pursuant to 11 U.S.C.S. § 330(a)(1).
Ruling: 
Premium due auctioneer not disclosed by trustee in application for employment appropriately charged against trustee's compensation.
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Consumer case opionion summary, case decided on June 26,2008, LexisNexis #0708-111

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

M Fabrikant & Sons Inc. v. Longs Jewelers Ltd.

Plaintiff debtor voluntarily filed for chapter 11. Subsequently, it filed a complaint against defendant alleging it sold defendant $ 2,815,911 in diamonds and jewelry. Debtor sought $ 1,647,031 for goods sold to defendant prior to the petition date. Defendant filed its answer and jury demand. In its answer, defendant asserted defenses and counterclaimed. Before the court was defendant's motion to withdraw the reference from the bankruptcy court.
Ruling: 
Debtor's action for breach of prepetition contract was a non-core proceeding for which withdrawal of reference was appropriate.
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Commercial case opionion summary, case decided on June 26,2008, LexisNexis #0708-128

In re Kwabena Osei

A creditor objected to confirmation of debtor's chapter 13 plan on the ground that debtor, in calculating disposable income, deducted the full amount allowed under the IRS Local Standards for mortgage/rental expense even though debtor's actual monthly rental expense was lower. At issue was the proper interpretation of 11 U.S.C.S. § 1325(b)(3) and 11 U.S.C.S. § 707(b)(2)(A)(ii)(I) both individually and in the context of the IRS Local Standards.
Ruling: 
Debtor entitled to full rental expense deduction of IRS Local Standards rather than lower actual expense.
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Consumer case opionion summary, case decided on June 25,2008, LexisNexis #0708-127

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