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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 Deluxe Cleaners of Durham Inc.

Plaintiff trustee filed an adversary proceeding against defendant ex-wife under 11 U.S.C.S. § 542(a) for turnover to the debtor's bankruptcy estate of the post-petition settlement of a personal injury claim that was transferred from a joint checking account to the ex-wife. The ex-wife filed a third-party complaint against third-party defendant debtor for the amount of the transferred funds.
Ruling: 
Attorneys' fee application denied where firm rendered prepetition services not demonstrably for debtor's benefit and made firm an interested party ineligible for pospetition representation.
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Commercial case opionion summary, case decided on May 01,2008, LexisNexis #0608-072

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

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

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 VOX II LLC

Movant, the owner of an allowed claim (creditor) secured by a third lien on real estate owned by debtors, two limited liability companies, sought an order granting it an examination of the sole managing member of the jointly administered debtors pursuant to Fed. R. Bankr. P. 2004(b). Debtors opposed the motion on grounds of standing and also complained that a related document request was overbroad.
Ruling: 
Postconfirmation examination of debtor's sole managing partner and document production request allowed.
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Commercial case opionion summary, case decided on March 05,2008, LexisNexis #0408-069

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 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

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