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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 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

In re Eagle Creek Subdivision LLC

Bankruptcy debtors-in-possession moved pursuant to 11 U.S.C.S. § 364(c)(1) for authorization to continue loan agreements with primary lenders to allow the debtors to complete their real estate development projects. The debtors also moved pursuant to § 364(d) for authorization to obtain postpetition secondary financing to fund operating costs.
Ruling: 
Debtor-in-possession's continuation of primary real estate development financing approved but secondary financing with priming lien disapproved.
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Commercial case opionion summary, case decided on July 10,2008, LexisNexis #1108-004

In re Conner Corp.

An amount remained on deposit in the registry of a bankruptcy court which represented distributions which were not claimed by creditors of a bankruptcy debtor, and the debtor moved for return of the unclaimed funds pursuant to 11 U.S.C.S. §§ 347(b), 1143.
Ruling: 
Debtor not entitled to return of unclaimed funds where prior creditor classes had not been paid in full.
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Commercial case opionion summary, case decided on June 11,2008, LexisNexis #0808-030

In re Westcrowns Inc.

A chapter 7 trustee objected to a creditor's proof of claim for vacation pay as an 11 U.S.C.S. § 507(a) priority claim.
Ruling: 
Proof of claim for vacation pay by debtor's former president allowed over trustee's objections.
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Commercial case opionion summary, case decided on April 28,2008, LexisNexis #0608-135

Angell v. Ray J. Pennington Inc. (In re Partitions Plus of Wilmington Inc.)

Plaintiff chapter 7 Trustee filed an adversary proceeding against defendant creditor seeking to avoid a transfer from the debtor as preferential. The creditor had worked as a subcontractor for the debtor. The creditor asserted, inter alia, that the payments could not be avoided because they were a contemporaneous exchange for new value given to the debtor under 11 U.S.C.S. § 547(c)(1). Both parties filed summary judgment motions.
Ruling: 
Transfer was not avoidable due to applicability of contemporaneous exchange for new value defense.
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Commercial case opionion summary, case decided on March 20,2008, LexisNexis #0808-067

In re Sak Dev. Inc.

A construction company (movant) requested an order per 11 U.S.C.S. § 506(c) requiring a bank with a security interest in certain real estate in which debtor also had an interest to reimburse movant for expenses that it claimed to have incurred to preserve the value of the real estate. Specifically, movant sought more than $150,000 on account of said expenses. The bank objected to any reimbursement and, inter alia, challenged movant's standing.
Ruling: 
Construction company was entitled to reimbursement for expenses incurred in preservation of property of the estate.
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Commercial case opionion summary, case decided on February 29,2008, LexisNexis #0408-078

In re Blanchard Transp. Servs.

The debtor filed a motion for an order directing turnover of property of the debtor's estate that was in the possession of the debtor's customer. In response, the customer requested that the proceedings be stayed or dismissed while the parties submitted their disputes to arbitration, or in the alternative, that the court dismiss the debtor's motion so that the debtor could initiate the matter as an adversary proceeding.
Ruling: 
Arbitration of core matters is inconsistent with Bankruptcy Code.
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Commercial case opionion summary, case decided on February 29,2008, LexisNexis #0508-024