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In re Double G Trucking of the Arlatex Inc.

A lessor filed an amended application for an administrative expense claim under 11 U.S.C.S. § 503(b)(1)(A) for rental obligations that accrued in the first 59 days after a chapter 11 debtor's petition was filed. The lessor also sought automatic administrative expense treatment under 11 U.S.C.S. § 365(d)(5) for obligations that accrued from the 60th day after the petition was filed until the date the equipment was surrendered.
Ruling: 
Lessor allowed administrative expense claims for tractor lease payments owed through date of rejection.
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Commercial case opionion summary, case decided on December 20,2010, LexisNexis #0211-016

In re Antonini

A Chapter 7 trustee filed a motion to approve a compromise and settlement arising out of a creditor's claim against a debtor for damages under 11 U.S.C.S. § 303(i) and an action for money damages brought by the debtor and his wholly-owned company against the creditor in federal district court. The debtor objected to the motion.
Ruling: 
Trustee's proposed settlement of damages claim for debtor's filing of involuntary petition against creditor denied.
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Consumer case opionion summary, case decided on December 20,2010, LexisNexis #0111-071

In re George

A Chapter 7 Wisconsin debtor selected the federal exemptions to exempt her property. The trustee objected, claiming that she was limited to the Illinois state exemptions, under which one of her vehicles would not be exempt, arguing that the debtor had not lived in Wisconsin long enough to utilize the exemptions available to Wisconsin residents, and Illinois had opted out of the federal exemptions.
Ruling: 
Debtor who had not resided in filing state for 730 days and could not claim exemptions in state of former domicile could claim federal exemptions.
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Consumer case opionion summary, case decided on December 20,2010, LexisNexis #0111-078

In re American Media Inc.

Debtors-in-possession, publishers of newspapers and magazines, moved for a confirmation order, to effectuate confirmation of their amended joint prepackaged plan of reorganization under chapter 11, and to approve the adequacy of their disclosure statement, solicitation of votes, and the forms of ballots and the election.
Ruling: 
Chapter 11 plan was confirmable despite rejection and deemed rejection by two classes of creditors.
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Commercial case opionion summary, case decided on December 20,2010, LexisNexis #0211-029

In re Manguai

After movants filed a motion to convert the Chapter 13 case filed by debtors, a married couple, to a Chapter 7 case on allegations of bad faith, debtors sought a voluntary dismissal of the Chapter 13 case. At issue was whether 11 U.S.C.S. § 1307 afforded debtors an absolute right to voluntarily dismiss the Chapter 13 despite the pendency of the motion and whether 11 U.S.C.S. § 349 authorized the imposition of conditions on the dismissal.
Ruling: 
Voluntary dismissal of chapter 13 granted despite pendency of motion to convert, but with one-year refiling bar.
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Consumer case opionion summary, case decided on December 20,2010, LexisNexis #0111-097

In re Chandler

Debtor filed a petition under chapter 7 and subsequently converted his case to one under chapter 11. Movant, the debtor's wife, filed a motion seeking relief under 11 U.S.C.S. § 362(d)(1) from the stay that was imposed when the debtor declared bankruptcy so she could pursue certain actions in and connected with divorce proceedings that were filed in state court. The debtor opposed the motion.
Ruling: 
Debtor's spouse allowed relief from stay to pursue equitable distribution and other divorce issues but not sale of property of contempt action.
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Consumer case opionion summary, case decided on December 17,2010, LexisNexis #0211-009

Arch Ins. Co. v. Spivey (In re Spivey)

Creditors sought entry of an order for relief under chapter 7 against the involuntary debtor. The involuntary debtor denied there were grounds for relief under 11 U.S.C.S. § 303(h), and moved that the petition be dismissed.
Ruling: 
Involuntary petition was proper where debtor failed to make payment on 90 percent of total debt held by petitioning creditors.
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Consumer case opionion summary, case decided on December 17,2010, LexisNexis #0211-001

In re Fish & Fisher Inc.

The court issued an order on August 18, 2010, which approved a Chapter 11 trustee's application seeking permission under 11 U.S.C.S. § 327 to hire an LLP to perform work as accountants, auditors, and tax consultants for the trustee. The United States Trustee ("UST") reviewed that order and filed a motion which asked the court to reconsider its order, and two individuals who held ownership interests in the debtor joined the UST's motion.
Ruling: 
Trustee's application to engage accounting firm that had sold its claim against debtor denied on reconsideration.
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Commercial case opionion summary, case decided on December 17,2010, LexisNexis #0111-073

Crum v. Greek Orthodox Church of Corvallis (In re Martushev)

Plaintiff Chapter 7 trustee filed an adversary proceeding against defendants, a church and two debtors, seeking a determination that a transfer of real property the debtors made to the church before they declared Chapter 7 bankruptcy was avoidable under 11 U.S.C.S. § 548(a), and an order canceling a quitclaim deed the debtors gave the church and quieting title to the property. The trustee filed a motion for summary judgment on her claims.
Ruling: 
Transfer of property to church for no consideration shortly before petition date was avoidable.
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Consumer case opionion summary, case decided on December 17,2010, LexisNexis #0111-128

Gilchrist v. United Bank & Trust Co. (In re Gilchrist)

Plaintiff debtors brought an adversary proceeding seeking to avoid defendant creditor's judgment lien pursuant to 11 U.S.C.S. § 522(f). Before the court were the parties' cross-motions for summary judgment.
Ruling: 
Mortgage valid only as to debtor spouse had to be considered in finding that judgment lien was avoidable as impairing debtor's homestead exemption.
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Consumer case opionion summary, case decided on December 17,2010, LexisNexis #0111-080

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