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Cook v. Department of Safety of Tenn. (In re Cook)

Plaintiff debtors filed an expedited motion for contempt against defendants, the State of Tennessee Department of Safety and the Jackson Metro Narcotics Unit. Pursuant to the motion, debtors sought immediate turnover of a vehicle, monetary sanctions, compensatory damages, and an award of attorneys fees and costs against defendants. At the hearing, defendants sought dismissal of the underlying adversary proceeding.
Ruling: 
Motion for contempt for failure to comply with turnover order denied where service was improper.
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Consumer case opionion summary, case decided on December 14,2009, LexisNexis #0110-105

Simon v. ASIMCO Techs. Inc. (In re American Camshaft Specialties Inc.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, bankruptcy debtors, related corporations, and directors of the debtors, alleging inter alia that the directors breached fiduciary duties and that substantive consolidation of the debtors and the corporations was warranted. The directors moved to dismiss the breach of fiduciary duty claim, and the debtors and the corporations moved to dismiss the consolidation claim.
Ruling: 
Substantive consolidation of debtors and related corporation denied where separation of the respective assets and liabilities was not impossible.
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Commercial case opionion summary, case decided on September 01,2009, LexisNexis #0909-137

In re OQuinn

Debtor moved for the dismissal of the involuntary petition filed under chapter 7 against him by petitioning creditor, asserting that the petition and the alias summons in the involuntary case were not served on the debtor in the manner required by Fed. R. Bankr. P. 1010.
Ruling: 
Service of involuntary debtor by first class mail was sufficient.
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