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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 Mortgage Banking Trust

Movant sought to dismiss, pursuant to 11 U.S.C.S. § 1112, the chapter 11 filing by debtor, an alleged business trust, on the grounds that the debtor was not eligible to seek bankruptcy relief under 11 U.S.C.S. § 109(d).
Ruling: 
Personal trust was not an eligible debtor.
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Commercial case opionion summary, case decided on July 23,2008, LexisNexis #0908-107

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

Nesse v. United States (In re USProtect Corp.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant United States seeking a declaration that the government's forfeiture action against a bank account of a bankruptcy debtor was subject to the automatic bankruptcy stay. The government moved to dismiss the complaint for lack of jurisdiction.
Ruling: 
Bankruptcy court had jurisdiction over trustee's claim that United States forfeiture action against debtor's bank account was subject to stay.
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Commercial case opionion summary, case decided on July 10,2008, LexisNexis #0908-127

In re AB&C Group Inc.

In this chapter 7 case, debtor moved to authorize payment of prepetition wages and related taxes. The chapter 7 Trustee objected to the motion.
Ruling: 
Debtor's motion to authorize payment of prepetition wages and related taxes denied on trustee's objection.
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Commercial case opionion summary, case decided on July 02,2008, LexisNexis #0708-120

In re Harmony Holdings LLC

Creditors filed motions to determined whether the cases were single asset real estate cases for purposes of 11 U.S.C.S. § 362(d)(3).
Ruling: 
Project encompassing several tracts of land and two entities as owners qualified as "single asset real estate."
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Commercial case opionion summary, case decided on June 23,2008, LexisNexis #0908-004

In re Mid Atl. Retail Group Inc.

A corporate debtor filed a petition under chapter 7 of the Bankruptcy Code, and an interim trustee was appointed to represent the bankruptcy estate. An attorney who represented movants, an ad hoc committee of creditors, called for an election of a permanent trustee, pursuant to 11 U.S.C.S. § 702, and asked the court to resolve a disputed election after the interim trustee received more votes than a limited liability company (LLC).
Ruling: 
LLC was not eligible to serve as chapter 7 trustee.
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Commercial case opionion summary, case decided on June 18,2008, LexisNexis #0708-109

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 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

In re Final Analysis Inc.

Creditors of a corporate debtor filed an involuntary petition against the debtor under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. A creditor who was employed by the debtor transferred his claim to an assignee, and other creditors filed an objection to the transfer.
Ruling: 
Assignment of claim in involuntary case allowed over creditors' objections.
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Commercial case opionion summary, case decided on May 16,2008, LexisNexis #0708-035

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