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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 Windwood Heights Inc.

Debtor developer filed a petition under chapter 11 of the Bankruptcy Code in the State of New Jersey, and the case was transferred to the Northern District of West Virginia. A judgment creditor filed a motion for relief from the automatic stay, pursuant 11 U.S.C.S. § 362(d)(3). The debtor opposed the motion.
Ruling: 
Relief from stay to allow foreclosure in "single asset real estate" case denied where possibility for equitable plan existed.
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Commercial case opionion summary, case decided on February 25,2008, LexisNexis #0308-112

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

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

Dunnam v. Sportsstuff Inc.

In a product liability case between diverse parties, defendant recreational marine products manufacturer filed for chapter 11 bankruptcy protection, which, pursuant to 11 U.S.C. § 362(a)(1), automatically stayed proceedings as to it. The matter was before the federal district court on defendant retailer's motion to stay proceedings.
Ruling: 
Products liability stayed against third-party defendant due to indemnity agreement with debtor.
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Commercial case opionion summary, case decided on January 23,2008, LexisNexis #0208-076

In re Corner Pocket Billiards Inc.

Creditor moved for relief from the stay of 11 U.S.C. § 362(a) in order to continue state court litigation to resolve a wrongful death claim. The debtor objected, stating that the requested relief was premature until the state courts finalized the settlement issue. However, at the same time, the debtor asked the bankruptcy court to enforce the settlement agreement. Such a decision would have established the amount of the wrongful death claim.
Ruling: 
Relief from stay granted to allow creditor to resolve wrongful death claim.
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Commercial case opionion summary, case decided on January 17,2008, LexisNexis #0208-132

In re Greebelt CT Imaging Ctr. LLC

A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor filed an application for an order authorizing retention of an accounting firm as the debtor's accountant nunc pro tunc. A U.S. trustee and the debtor's principal secured creditor opposed the application.
Ruling: 
Debtor could not retain accounting firm that had potentially adverse interests to the estate.
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Commercial case opionion summary, case decided on January 03,2008, LexisNexis #0208-073

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