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In re High Tech Packaging Inc.

An involuntary petition was filed against debtor corporation on May 15, 2008, and on June 9, 2008, the court adjudicated the corporation a debtor and appointed a trustee to represent the bankruptcy estate. The trustee filed a motion seeking permission to compromise claims creditors filed against the debtor's bankruptcy estate, and two creditors filed a limited objection to the trustee's motion.
Ruling: 
Settlement of claims against involuntary debtor's estate approved over objections of guarantors.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #0109-093

In re Cinecom iOutsource Inc.

The chapter 7 trustee filed a motion to enforce the automatic stay under 11 U.S.C.S. § 362(a) in three separate actions filed in federal district courts by unaffiliated, non-debtor entities.
Ruling: 
Action by unaffiliated non-debtor entities against debtor were subject to stay.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #0109-042

In re Proceedings Under Chapter 11 Case Nos. 08-16786 & 08-16788

Movant debtors filed a motion for authorization to use cash collateral, pursuant to 11 U.S.C.S. § 363(c)(2)(B). Respondents, a lender and the committee of unsecured creditors, objected to such relief.
Ruling: 
Debtors authorized to use cash collateral to operate business as debtors in possession.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #1208-040

In re Brown

The debtors filed for chapter 13 bankruptcy relief. Two creditors filed a proof of claim based on the breach of a commercial lease. The debtors objected to the claim, alleging that the refitting costs necessary to re-let the property were not allowable pursuant to 11 U.S.C.S. § 502(b)(6). The bankruptcy court held an evidentiary hearing.
Ruling: 
Claim for refitting costs of commercial premises limited by statutory cap on lease damages.
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Consumer case opionion summary, case decided on October 23,2008, LexisNexis #1108-116

In re Smith

The debtors filed for relief under chapter 13 of the United States Bankruptcy Code and the debtors submitted a proposed plan. A chapter 13 trustee objected to confirmation, in part, because the trustee contended that the plan should be for five years and not three years.
Ruling: 
Three year commitment period applied where daughter and grandchild resided with debtors.
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Consumer case opionion summary, case decided on October 15,2008, LexisNexis #0109-061

In re G & C Foundry Co.

In a chapter 11 case, two competing liquidation plans were presented, one by the debtor and one by the Official Committee of Unsecured Creditors (Creditors' Committee). The Creditors' Committee sought an order pursuant to 11 U.S.C.S. § 1126(c) striking the plan ballot of a union that accepted the debtor's plan.
Ruling: 
Court refused to strike union's ballot in favor of debtor's plan even though preventing acceptance of competing plan.
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Commercial case opionion summary, case decided on October 09,2008, LexisNexis #1208-024

In re Engman

A chapter 7 trustee sought approval pursuant to Fed. R. Bankr. P. 9019(a) of settlements reached by him with various lienholders and the co-owners of property in which the bankruptcy estate also held an interest, and the authority to make distributions on account of those liens and co-interests. The debtor and an unsecured creditor objected. The court issued a scheduling order setting out the standard to be used in considering the request.
Ruling: 
Trustee could not settle with lienholders over objections of debtor and unsecured creditors.
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Consumer case opionion summary, case decided on October 08,2008, LexisNexis #0109-104

McDermott v. Hills (In re Grissett)

Plaintiff filed an adversary proceeding against defendant bankruptcy petition preparer seeking a permanent injunction for violations of 11 U.S.C.S. § 110.
Ruling: 
Bankruptcy petition preparer permanently enjoined from acting in that capacity after violating earlier prohibition.
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Consumer case opionion summary, case decided on October 08,2008, LexisNexis #0109-001

Grant v. United States Dept. of Educ. (In re Grant)

Plaintiff debtor filed an adversary proceeding for a determination that her student loan debt to defendant creditors was dischargeable for undue hardship under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Debtor with back impairment denied undue hardship discharge of student loan debt due to failure to meet Brunner test.
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Consumer case opionion summary, case decided on October 08,2008, LexisNexis #1208-016

Citizens Union Bank v. Hayden (In re Hayden)

Plaintiff creditor filed an adversary proceeding seeking a denial of defendant debtor's discharge under 11 U.S.C.S. §§ 727(a)(4), 523(a)(2)(A), 523(a)(2)(B), 523(a)(4), and 523(a)(6).
Ruling: 
Failure of debtor's son to make payments on loan taken out by debtor to fund son's business was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on October 07,2008, LexisNexis #1208-123

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