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In re C.W. Mining Co.

One of the three creditors that filed an involuntary bankruptcy petition against the putative debtor, moved for partial summary judgment regarding their eligibility to commence the involuntary case, based upon their holding undisputed claims against the debtor, under 11 U.S.C.S. § 303(b). The debtor argued that it had tendered payment in full to one of the three creditors, and that its claim was thus not bona fide.
Ruling: 
Creditor that did not receive involuntary debtor's check for balance of debt until after petition date was an eligible petitioning creditor.
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Commercial case opionion summary, case decided on September 17,2008, LexisNexis #1208-107

In re Orbit Petroleum Inc.

Creditors filed a motion to dismiss alleging several deficiencies as cause for dismissal or conversion under 11 U.S.C.S. § 1112(b).
Ruling: 
Motion to dismiss or convert case denied where debtor proposed chapter 11 plan that would pay creditors in full.
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Commercial case opionion summary, case decided on September 05,2008, LexisNexis #1208-126

In re Hermesch Entities I

The debtors filed for relief under chapter 12 of the Bankruptcy Code and a plan was approved. The creditor filed a motion for an administrative claim for reimbursement of insurance proceeds.
Ruling: 
Claim for insurance premiums that were not part of postpetition transaction and did not benefit estate was not entitled to administrative expense status.
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Commercial case opionion summary, case decided on August 19,2008, LexisNexis #0908-117

Strong v. Western United Life Assurance Co. (In re Tri-Valley Distrib.)

Plaintiff debtors and unsecured creditors sued defendant company, alleging, inter alia, fraudulent transfer and negligent lending stemming from a loan to a creditor. The United States Bankruptcy Appellate Panel for the Tenth Circuit affirmed a bankruptcy court's order denying the company's motion to dismiss as to claims related to a transferred property, but dismissing all other claims. The parties cross-appealed and moved to dismiss the appeals.
Ruling: 
Order that did not fully resolve adversary proceeding was not a final appealable order.
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Commercial case opionion summary, case decided on July 15,2008, LexisNexis #0808-069

Anstine v. Carl Zeiss Meditec AG (U.S. Medical Inc.)

Appellant trustee sued appellee creditor pursuant to 11 U.S.C.S. § 547(b)(4)(B), seeking to avoid certain transfers. The bankruptcy court held that the creditor was a nonstatutory insider under 11 U.S.C.S. § 101(31) and permitted the trustee to avoid the transfers. The United States Bankruptcy Appellate Panel reversed the bankruptcy court. The trustee appealed the judgment.
Ruling: 
Bankruptcy appellate panel properly reversed finding that creditor was an insider where creditor operated at arm's length on transfer in question.
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Commercial case opionion summary, case decided on July 15,2008, LexisNexis #0808-066

In re Hale-Halsell Co.

Counsel for a committee of unsecured creditors of a chapter 11 debtor filed a motion for approval of its compromise with the United States Trustee, which sought to adjust a fee arrangement under 11 U.S.C.S. § 328(a) to increase the amount of compensation paid to it.
Ruling: 
Creditor's committee's counsel's application for enhanced fee denied.
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Commercial case opionion summary, case decided on July 01,2008, LexisNexis #0808-057

Markus v. Fried (In re Geneva Steel LLC)

Plaintiffs, a chapter 11 trustee and others, filed an adversary proceeding against defendants, a Delaware corporation and others, seeking an order avoiding the transfer of real property to the Delaware corporation. The parties filed cross-motions for summary judgment on the issue of whether the two-year statute of limitations imposed by 11 U.S.C.S. § 546(a) had expired.
Ruling: 
Two-year statute of limitations for avoidance of transfer was tolled due to debtor's nondisclosure.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0608-064

Jagow v. Top Hill LLC (In re Townhomes at Hill Top LLC)

Defendant creditors filed a motion for withdrawal of the reference under 28 U.S.C.S. § 157(d) to the bankruptcy court of plaintiff trustee's action for a declaratory judgment that the plans and records in the possession were estate property free from liens.
Ruling: 
Complaint for declaratory judgment that plans and records were estate property was a core proceeding not subject to mandatory withdrawal of reference.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0708-034

In re Aerobox Composite Structures LLC

The debtor's filed a motion to impose sanctions for violations of stay under 11 U.S.C.S. § 362 against the debtor's former employee for actions in connection with a proceeding before the Human Rights Commission (NM-HRC), which was part of the State of New Mexico Department of Labor, Human Rights Division. The employee had filed a discrimination complaint after she was terminated that resulted in a judgment against the debtor.
Ruling: 
Proceeding before state human rights commission was an exercise of police and regulatory power and did not violate stay.
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Commercial case opionion summary, case decided on April 10,2008, LexisNexis #0508-077

In re Rio Valley Motors Co. LLC

An automobile dealership swapped vehicles with a bankruptcy debtor, also a dealership, and the debtor received a check for its vehicle but did not pay for the dealership's vehicle. The dealership's insurer paid the dealership for its loss and moved for allowance of an administrative claim based on the value of the vehicle delivered to the debtor.
Ruling: 
Insurer's expense in paying auto dealership for amount debtor dealer failed to pay in vehicle swap allowed as administrative expense claim.
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Commercial case opionion summary, case decided on March 24,2008, LexisNexis #0508-044

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