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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

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

In re Eneco Inc.

In a chapter 11 debtor's bankruptcy case, movant requested that the court abstain under 11 U.S.C.S. § 305, convert or dismiss the case under 11 U.S.C.S. § 1112, appoint a trustee under 11 U.S.C.S. § 1104, or grant relief from the automatic stay under 11 U.S.C.S. § 362(d).
Ruling: 
Chapter 11 trustee appointed due to debtor's failure to respond to request for production and due to alleged preference transaction.
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Commercial case opionion summary, case decided on March 21,2008, LexisNexis #0508-049