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In re Geo. W. Park Seed Co.

Movant creditor sought the allowance and payment of an administrative super-priority claim, under 11 U.S.C.S. § 507(a) and (b), on the basis that the adequate protection provided by the trustee for its claim secured by cash collateral had failed, causing it to suffer loss in its secured position. The chapter 11 trustee objected, asserting the creditor had released any such claim in a settlement agreement.
Ruling: 
Administrative super priority claim disallowed as released in settlement agreement.
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Commercial case opionion summary, case decided on December 29,2010, LexisNexis #0311-116

In re Gyro-Trac (USA) Inc.

A creditor of Chapter 11 debtor (objecting creditor) objected to confirmation of the debtor's plan. The debtor filed motions to consolidate its case with the associated bankruptcy cases of two related entities. The creditor filed a motion to prohibit the continued use of cash collateral and motions for relief from stay with respect to the debtor and one of the related entities.
Ruling: 
Plan confirmed over creditor's objection as feasible and paying unsecured creditor significantly more than they would receive in chapter 7.
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Commercial case opionion summary, case decided on December 22,2010, LexisNexis #0111-095

In re Cryptek Inc.

After a case was converted from Chapter 11 to Chapter 7, the Chapter 7 trustee and administrative expense claimants filed a motion to require the law firm that represented the debtor-in-possession to disgorge about $35,000 of the nearly $163,000 in approved fees and expenses that were paid to it. The trustee claimed that disgorgement was necessary to achieve equality of distribution among the Chapter 11 administrative claimants.
Ruling: 
Debtor's law firm ordered to disgorge prepetition fees paid by debtor in possession postpetition without bankruptcy court authorization.
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Commercial case opionion summary, case decided on December 21,2010, LexisNexis #0111-131

Foreign Affairs Serv. V. Pittman (In re Pittman)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination that a state court judgment was nondischargeable under various provisions of 11 U.S.C.S. § 523(a). The creditor filed a motion for summary judgment on the grounds that the doctrine of collateral estoppel precluded the debtors from relitigating factual issues previously decided by the state court.
Ruling: 
Judgment debt was nondischargeable where state court adjudicated necessary elements.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0211-050

In re RMAA Real Estate Holdings LLC

In an involuntary Chapter 11 case, a bank filed a motion for sanctions against three petitioners and their counsel under Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 303(i)(2).
Ruling: 
Bank did not have standing to bring motion against petitioners and counsel for filing involuntary petition for improper purpose.
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Commercial case opionion summary, case decided on December 10,2010, LexisNexis #0111-072

Branch Bank & Trust Co. v. DelFosse (In re DelFosse)

Plaintiff bank filed a complaint and defendant debtors answered the complaint. At issue was whether a certain parcel of real estate was property of the estate under 11 U.S.C.S. § 541(a)(1). The debtors created a living trust. One debtor was the primary beneficiary. Acting as trustee for the trust, the debtors acquired fee simple legal title to the property pursuant to a deed from a Virginia general partnership (Trust Deed-In).
Ruling: 
Real estate held by revocable living trust of which debtor was a trustor and primary beneficiary was property of the estate.
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Consumer case opionion summary, case decided on December 09,2010, LexisNexis #0211-058

Swift Fin. Corp. v. Matera (In re Matera)

Defendant debtor filed a motion for judgment as a matter of law in plaintiff creditor's action, which alleged that debt owed to it by the debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Representations in debtor's oral responses into creditor lender's computer database did not constitute a "written statement" and were not grounds for nondischargeability.
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Consumer case opionion summary, case decided on December 08,2010, LexisNexis #0111-123

In re Merrifield Town Ctr. Ltd. Pship

The court reopened proceedings on the debtor's previously granted motion to dismiss the involuntary petition, and the debtor's motion for attorney's fees and sanctions, pursuant to 11 U.S.C.S. § 303(i) and Fed. R. Bankr. P. 9011(b), against the newly-added petitioning creditors and their attorneys.
Ruling: 
Attorneys' fees awarded to debtor in involuntary petition that was dismissed as filed by creditors with claims subject to bona fide dispute.
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Commercial case opionion summary, case decided on December 03,2010, LexisNexis #0111-036

In re Lee

Movant law firm sought relief from stay for "cause" per 11 U.S.C.S. § 362 to allow the completion of state court arbitration. Debtor opposed the motion.
Ruling: 
Relief from stay granted to allow completion of arbitration that would not disrupt administration of debtor's estate.
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Consumer case opionion summary, case decided on December 02,2010, LexisNexis #0311-108

Brown Bank I LP v. Ebersole (In re Ebersole)

Ceditor, a putative holder of a mortgage note secured by pro se respondent bankruptcy debtor's real property, asserted that the debtor failed to provide adequate protection for the mortgage debt, and that the debtor lacked any equity in the property. The creditor moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d)(1), (2) to allow foreclosure against the property.
Ruling: 
Relief from stay denied on condition that debtor continue timely payments on note.
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Consumer case opionion summary, case decided on December 01,2010, LexisNexis #0111-041

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