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In re Utility Craft Inc.

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A creditor filed a claim and a chapter 7 trustee filed an objection to the claim. The court issued findings of fact and conclusions of law on the claim and the objection.
Ruling: 
Store credit for item purchased from debtor and returned as defective was a general unsecured priority claim.
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Commercial case opionion summary, case decided on December 29,2008, LexisNexis #0209-112

In re Joel F. Hollowell Oil Co.

A debtor filed its petition for relief under chapter 11 of the Bankruptcy Code. The court entered a final order authorizing the debtor's use of cash collateral for its postpetition operating expenses. A company, which had a first lien security interest in all of the debtor's equipment, fixtures, inventory, and accounts receivable, filed a motion to restrict the debtor's continued use of cash collateral, under 11 U.S.C.S. § 363(e).
Ruling: 
Motion to restrict chapter 11 debtor's use of cash collateral denied.
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Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0209-041

In re Price Funeral Home Inc.

A hearing was held to consider the final approval of a chapter 11 debtor's disclosure statement, and to consider confirmation of the debtor's plan of reorganization. A creditor with a lien on the debtor's real property objected to the statement, voted to reject the plan, and objected to confirmation. The debtor sought to have the plan confirmed pursuant to 11 U.S.C.S. § 1129(b) without the creditor's affirmative vote and over its objection.
Ruling: 
Debtor's disclosures approved over creditor's objection.
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Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0209-051

In re Ohio Valley Amusement Co.

A creditor of a chapter 11 debtor sought to be allowed an administrative claim under 11 U.S.C.S. § 503(b)(1) against the debtor's estate for two unauthorized, post-petition loans to the debtor. The debtor filed a motion for summary judgment on the grounds that the creditor failed to follow the requirements for post-petition financing set forth in 11 U.S.C.S. § 364.
Ruling: 
Creditor not entitled to adminstrative expense claim for unauthorized postpetition financings.
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Commercial case opionion summary, case decided on December 01,2008, LexisNexis #0109-066

In re Harmony Holdings LLC

The debtors filed for relief under chapter 11 of the Bankruptcy Code. The movants filed a motion for temporary allowance of chapter 11 claims under Fed. R. Bankr. P. 3018 so that the movants could vote on the debtors' proposed plan of reorganization. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Contested claim temporarily allowed to enable creditor to vote on debtor's chapter 11 plan.
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Commercial case opionion summary, case decided on October 16,2008, LexisNexis #1208-111

In re Baltimore Emergency Servs. II

Chapter 11 debtors objected, pursuant to 11 U.S.C.S. § 502(b), to the unsecured claim filed by a claimant.
Ruling: 
Counsel for insurer in malpractice case could not file a proof of claim for services against insured physician debtors.
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Commercial case opionion summary, case decided on October 15,2008, LexisNexis #1208-031

In re Lordship Dev. LLC

A creditor filed a motion for relief from the automatic stay in a debtor's chapter 11 bankruptcy case.
Ruling: 
Section 108(d) did not limit period for debtor to redeem foreclosed property where state law did not provide for fixed deadline.
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Commercial case opionion summary, case decided on September 30,2008, LexisNexis #1208-004

Smith v. McLeskey (In re Bay Vista of Va. Inc.)

Defendants, creditors of a chapter 7 debtor, moved pursuant to 28 U.S.C.S. § 1334 for abstention of the complaint filed by plaintiff chapter 7 trustee, which sought a turnover pursuant to 11 U.S.C.S. § 542 of excess funds collected by the creditors on certain notes, alleged a breach of contract, and alleged that the creditors were judicially estopped from collecting an amount in excess of what they represented to a state court was owed them.
Ruling: 
Bankruptcy court declined to abstain from proceeding for turnover of excess funds received by creditor in foreclosure of debtor's property.
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Commercial case opionion summary, case decided on September 24,2008, LexisNexis #1108-019

In re Eskim LLC

A debtor filed for relief under chapter 11 of the Bankruptcy Code. A creditor sought relief from the automatic stay so that it could begin liquidating 47 residential properties that secured the debt owed to the creditor and sought to prohibit the debtor from using its cash collateral.
Ruling: 
Relief from stay denied where debtor's plan would cure default on loan from creditor.
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Commercial case opionion summary, case decided on August 28,2008, LexisNexis #0908-088

Phillips v. Habboush (In re Business Communs. of Va.)

Plaintiff bankruptcy trustee sued defendant uncle of debtor's principals, seeking to recover a preferential transfer under 11 U.S.C.S. § 547, along with a monetary judgment representing unpaid loans from the debtor to the uncle. The court held a trial.
Ruling: 
Preference period payments to debtor's uncle were not made in ordinary course of business absent discernable pattern or business terms.
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Commercial case opionion summary, case decided on August 06,2008, LexisNexis #1108-100

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