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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

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

SunTrust Bank v. Roberson (In re Baseline Sports Inc.)

Plaintiff creditor brought an adversary proceeding against defendants, a bankruptcy debtor, a related entity, and their principals, alleging that defendants fraudulently induced the creditor to enter into a settlement with defendants by misrepresenting the value of the debtors' accounts receivable against which the creditor was permitted to execute. Defendants moved to dismiss the complaint for lack of subject matter jurisdiction.
Ruling: 
Bankruptcy court lacked jurisdiction over tort claims arising largely postpetition and under state law.
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Commercial case opionion summary, case decided on August 01,2008, LexisNexis #0908-060

In re T&B Mortg. Corp.

The moving creditor sought the allowance and payment, as a chapter 7 administrative expense, of attorney's fees and expenses in the amount of $ 9,084.53 it incurred in pursuing a pre-petition fraudulent conveyance action that was subsequently removed to federal court, pursuant to 11 U.S.C.S. § 503(b)(3) and (4).
Ruling: 
Attorneys' fees in fraudulent conveyance action recoverable as administrative expense claim only to the extent incurred postpetition.
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Commercial case opionion summary, case decided on May 27,2008, LexisNexis #0808-011

Cincinnati Ins. Co. v. American Glass Indus. Inc.

Plaintiff, an insurance company, filed a motion to vacate a prior court order that had granted a motion to stay the action pending the disposition of a bankruptcy proceeding of the debtor defendant, that had been brought by the codefendants, joint and several obligors of the debtor and the owners of 92 percent of the debtor.
Ruling: 
Granting of motion to stay brought by debtor's co-defendants in industry action vacated.
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Commercial case opionion summary, case decided on May 16,2008, LexisNexis #0608-037

In re Rowe Furniture Inc.

A creditor filed proofs of claim in the bankruptcy case of a bankruptcy debtor's parent company, and the claims bar date in the debtor's case passed before the parent company successfully objected to the creditor's claims on the ground that the claims were filed in the wrong case. The creditor moved to allow the claims as amendments to the timely filed claims in the parent company's case, or as deemed filed in the debtor's case.
Ruling: 
Timely claim wrongly filed in case of debtor's parent could not be allowed in debtor's case where bar date had passed.
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Commercial case opionion summary, case decided on May 08,2008, LexisNexis #0608-040

In re U.S. Airways Inc.

Before the court were cross-motions for summary judgment on the objection of the reorganized debtors to Claim No. 3498 filed by a claimant for retiree benefits.
Ruling: 
Creditor's claim for benefits pursuant to prepetition settlement was discharged upon plan confirmation.
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Commercial case opionion summary, case decided on March 27,2008, LexisNexis #0508-034

McCall v. Telerent Leasing Corp. (In re BICC Ltd. Pship)

Plaintiff attorney sued defendants, a leasing corporation and a law firm. He sought to enhance the likelihood that his affiliate could purchase a causes of action asset. Pending was defendants' joint motion to dismiss or in the alternative for summary judgment. Other joint motions filed by defendants and argued at hearing were a motion for sanctions against the attorney for violation of the automatic stay and a motion for contempt.
Ruling: 
Derivative suit filed on behalf of debtor to recover asset sold by trustee violated stay.
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Commercial case opionion summary, case decided on March 21,2008, LexisNexis #0508-038

In re Rowe Furniture Inc.

Before the court were three motions by a claimant, a distressed debt buyer, to allow a total of thirteen claims it filed after the claims bar date in the aggregate amount of $ 196,589 as amendments of claims that were timely-filed in the related case of debtor's parent holding company. The motion was opposed by the chapter 7 trustee.
Ruling: 
Objection to debtor's sale of assets was sufficient to constitute informal proof of claim.
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Commercial case opionion summary, case decided on March 04,2008, LexisNexis #0508-007

In re Rennie Petroleum Corp.

The debtor moved for entry of an order approving the retroactive employment of a professional person under 11 U.S.C.S. § 327, or alternatively, for an order awarding compensation to the professional person for making a substantial contribution to the case under 11 U.S.C.S. § 503(b)(4). The trustee in bankruptcy and counsel for the creditors' committee opposed the motion.
Ruling: 
Retroactive approval of employment of professional business analyst denied.
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Commercial case opionion summary, case decided on February 25,2008, LexisNexis #0408-003

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