Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Search Opinion

In re Sandpoint Cattle Co. LLC

Debtor cattle company filed a petition under chapter 11 of the Bankruptcy Code and sought an order allowing it to use cash collateral. An LLC that held a secured interest in cattle that were part of the debtor's herd at the time the debtor declared bankruptcy filed an objection to the debtor's motion, and the court held a hearing on the motion and the objection.
Ruling: 
Debtor cattle company's motion for use of cash collateral denied where creditor's lien in cattle was not adequately protected.
ABI Membership is required to access the full summary of In re Sandpoint Cattle Co. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 01,2013, LexisNexis #0313-138

In re Swami Shree LLC

A chapter 11 debtor filed a motion to extend an interim agreement for the use of cash collateral, authorizing the debtor to use the cash the cash collateral and granting adequate protection.
Ruling: 
Extension of cash collateral order granted.
ABI Membership is required to access the full summary of In re Swami Shree LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 19,2012, LexisNexis #1112-103

In re Real Am. Inc.

A chapter 11 debtor filed a motion for continued authority to use cash collateral. A secured creditor objected to the debtor's continued use of its interest in cash collateral after a previously agreed interim order in which there was a default.
Ruling: 
Motion for continued authority to use cash collateral denied due to inability to adequately protect creditor's interest.
ABI Membership is required to access the full summary of In re Real Am. Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 14,2012, LexisNexis #0712-097

In re RMAA Real Estate Holdings LLC

Debtor and others were plaintiffs in this matter. A real estate company and others were defendants. Certain creditors asserted in their complaint that a foreclosure sale held on September 13, 2010, was not valid because the September 10, 2010, order granting relief from the automatic stay was itself stayed by Fed. R. Bankr. P. 4001(a)(3) for 14 days. A creditor (bank) secured by a first deed of trust in debtor's real estate moved to dismiss.
Ruling: 
Foreclosure sale was valid where court had waived 14-day stay of order granting relief from stay.
ABI Membership is required to access the full summary of In re RMAA Real Estate Holdings LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 15,2010, LexisNexis #1210-138

In re Draper

A chapter 13 debtor filed a motion to set aside a default order granting the creditors' motion for relief from the automatic stay.
Ruling: 
Default order granting relief from stay set aside due to creditor's acceptance of late payment, waiving termination under contract, during 14-day stay of order.
ABI Membership is required to access the full summary of In re Draper. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 12,2010, LexisNexis #0610-033

In re Greeson

The debtors filed for relief under chapter 13. The debtors filed a motion and a supplemental motion to use cash collateral.
Ruling: 
Limited use of cash collateral allowed subject to conditions due to speculative nature of debtor's business going forward.
ABI Membership is required to access the full summary of In re Greeson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 02,2009, LexisNexis #0809-060