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In re Lehman Bros. Holdings

A bankruptcy debtor owed a loan debt to a foreign bank and the bank sought to set off funds in the debtor's account against such debt under 11 U.S.C.S. § 553(a). The debtor asserted that the funds were not transferred to the debtor's account by an affiliate of the debtor until after the debtor's bankruptcy petition was filed, and thus the funds were not available for setoff.
Ruling: 
Funds transferred by creditor bank to debtor's account after petition was filed were not subject to setoff.
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Commercial case opionion summary, case decided on May 12,2009, LexisNexis #0609-124

In re Richardson

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The court addressed whether or not the automatic dismissal provisions of 11 U.S.C.S. § 521(i) applied to the debtor's proceeding.
Ruling: 
Last pay advice that contained all necessary information satisfied debtor's filing requirements.
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Consumer case opionion summary, case decided on May 04,2009, LexisNexis #0709-011

Adams v. Marwil (In re Bayou Group)

Appellant U.S. Trustee appealed from the judgment of the United States District Court for the Southern District of New York, affirming a decision of the bankruptcy court , which had rejected the trustee's petition under 11 U.S.C.S. § 1104 to appoint a trustee to manage the debtor. Prior to the bankruptcy, the district court had appointed appellee receiver to manage debtor.
Ruling: 
Bankruptcy court did not err in refusing to appoint chapter 11 trustee absent justification for replacing court appointed receiver and manager.
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Commercial case opionion summary, case decided on May 01,2009, LexisNexis #0609-090

In re Adejobi

A chapter 13 debtor filed a motion to reduce a secured creditor's proof of claim for pre-petition arrears at a contractual default interest rate.
Ruling: 
Creditor entitled to contract default rate of interest pursuant to underlying agreement.
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Consumer case opionion summary, case decided on April 29,2009, LexisNexis #0709-060

In re Atlas Shipping AS

Petitioner foreign representative filed an action under chapter 15 of the Bankruptcy Code, seeking recognition of a bankruptcy action that was filed by debtors, two Danish corporations, in Denmark. The foreign representative asked the court to vacate nine maritime attachments which creditors had obtained, pursuant to Supp. R. Adm. or Mar. Cl. & Asset Forfeiture Actions B, in the District Court for the Southern District of New York.
Ruling: 
Maritime attachments obtained against foreign debtor could be vacated and garnished funds turned over to foreign representative.
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Commercial case opionion summary, case decided on April 27,2009, LexisNexis #0609-024

In re Giggsby

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a landlord filed a motion to vacate the stay that was imposed when the debtor declared bankruptcy so it could execute a warrant of eviction it obtained in state court. The court granted the landlord's motion and sustained the landlord's objection to a certification the debtor filed under 11 U.S.C.S. § 362(l)(1). The debtor filed an application for an order reinstating the stay.
Ruling: 
Court refused to reinstate stay in case filed solely to thwart eviction.
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Consumer case opionion summary, case decided on April 17,2009, LexisNexis #0609-005

In re Malese 18 Corp.

Movant, a creditor of Kmart stores, sought an order finding that a settlement agreement it previously entered into with Kmart of a claim for lease rejection damages that was previously approved by the court, was reasonable, and therefore that the refusal of the instant debtor, the remainderman on the Kmart leases to consent to the settlement was unreasonable. The instant debtor asserted that Kmart had much greater liability under its leases.
Ruling: 
Objection by remainderman to reasonable settlement of claim for lease rejection damages overruled.
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Commercial case opionion summary, case decided on April 16,2009, LexisNexis #0609-135

In re Hall

A chapter 13 debtor objected to a creditor's proof of claim on a default monetary judgment in a state court action.
Ruling: 
Claim based on default judgment obtained via improper abode service on debtor disallowed.
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Consumer case opionion summary, case decided on April 15,2009, LexisNexis #0609-111

In re Gilbert

Movant, the chapter 7 trustee, asked the court to dismiss debtor's case pursuant to 11 U.S.C.S. § 521(i)(2) for failure to file certain pay stubs with the clerk of the bankruptcy court despite the fact that debtor had presented the materials to the trustee. At issue, inter alia, was whether the trustee was estopped from seeking dismissal.
Ruling: 
Late filing with clerk of pay stubs previously provided to and returned by trustee was not grounds for dismissal.
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Consumer case opionion summary, case decided on April 10,2009, LexisNexis #0609-115

Peterson v. Peterson (In re Peterson)

The non-debtor spouse of a chapter 11 debtor, sought relief from the 11 U.S.C.S. § 362 automatic stay to obtain alimony, other support, and possession of the marital home from the Connecticut Superior Court. At issue was whether the exception in § 362(b)(2)(C) was limited to instances where a spouse had obtained an order for a domestic support obligation prior to the commencement of a bankruptcy case.
Ruling: 
Relief from stay granted to allow debtor's former spouse to obtain alimony and support and withholding order.
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Consumer case opionion summary, case decided on April 08,2009, LexisNexis #0609-072

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