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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

In re LLS Mgmt. Co.

The chapter 7 trustee filed a motion to determine whether debtor was a "health care business" as that term was defined by 11 U.S.C.S. § 101(27A). Specifically at issue was the proper disposition of records maintained by debtor in connection with its operation of a smoking cessation program.
Ruling: 
Shredding of patient records of debtor smoking cessation center and retention of CD containing patients' information was proper procedure.
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Commercial case opionion summary, case decided on February 11,2008, LexisNexis #0408-038

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