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Schafer v. Nextiraone Fed. LLC

Defendant filed a motion to withdraw the reference under 28 U.S.C.S. § 157(d). Chapter 7 trustee opposed the motion.
Ruling: 
Adversary proceeding that could alter debtor's rights and impact administration was related to debtor's bankruptcy.
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Commercial case opionion summary, case decided on June 18,2012, LexisNexis #0712-065

Lain v. Erickson (In re Erickson Ret. Cmtys. LLC)

Plaintiff chapter 11 trustee sued defendants for claims including breach of contract, fraudulent transfers, and avoidable preferences. The adversary action was transferred and automatically referred to the United States Bankruptcy Court for the District of Maryland. Defendants moved to withdraw the reference.
Ruling: 
Reference of breach of contract claims withdrawn.
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Commercial case opionion summary, case decided on June 01,2012, LexisNexis #0612-136

Scott v. Family Dollar Stores Inc. (In re Family Dollar FLSA Litig.)

Procedural Posture: One plaintiff employee opted into a Fair Labor Standards Act suit against defendant employer, and a second plaintiff employee sued the employer under the Act for unpaid wages. The employer moved for summary judgment.
Ruling: 
Debtors estopped from pursuing undisclosed Fair Labor Standards Act causes of action.
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Commercial case opionion summary, case decided on October 14,2011, LexisNexis #1111-020

LaRosa v. Pecora

Defendants, debtors, moved to stay entry of judgment by the court pending the determination of the amount of money that plaintiffs, brothers, had or would obtain through two bankruptcy proceedings still pending in the Northern District of West Virginia.
Ruling: 
Collection action for which stay was lifted could proceed and did not need to await outcome of debtors' bankruptcies.
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Commercial case opionion summary, case decided on December 22,2009, LexisNexis #0110-041

Wells Fargo Funding v. Gold

Appellants, four different mortgage companies, purchased separate $ 2,950,000 mortgage loans covering the same residential property. The borrower and several of his corporate affiliates filed voluntary chapter 11 petitions. The bankruptcy court for the Eastern District of Virginia granted appellee bankruptcy trustee's motion to authorize the sale of that residential property free and clear of liens or other interests. The companies appealed.
Ruling: 
Bankruptcy court did not err in holding trustee's strong arm powers could be used to avoid equitable lien and constructive trust.
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Commercial case opionion summary, case decided on November 24,2009, LexisNexis #1209-091

Bluemark Inc. v. Geeks on Call Holdings Inc.

Plaintiff franchisee brought a breach of contract, fraud, and Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C.S. § 1961 et seq., action against defendants, franchisors. The franchisors moved to dismiss. After the franchisee's bankruptcy filing came to light, the court ordered it to show cause why the case should not have been dismissed for lack of standing. The franchisee moved for extension of time. The case was before a magistrate.
Ruling: 
Chapter 11 debtor in possession no longer had standing to bring RICO action after conversion to chapter 7.
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Commercial case opionion summary, case decided on November 19,2009, LexisNexis #0110-108

In re RFS Ecusta Inc.

Upon consideration of both the fifth interim fee application and the final application for confirmation and approval of all fees and expenses allowed in a substantively consolidated bankruptcy case, applicant, the law firm for the bankruptcy trustee, sought an interim payment of compensation and reimbursement for expenses advanced for the fifth interim period and final confirmation and approval of all fees and expenses in the cases.
Ruling: 
Interim application for fees and costs incurred in legal representation of trustee approved as reasonable.
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Commercial case opionion summary, case decided on October 21,2009, LexisNexis #1209-067

Arbogast v. Wells Fargo Auto Fin. Inc.

Plaintiffs, buyers, asserted claims for assignee liability for certain breach of contract allegations and alleged, unspecified violations of the West Virginia Consumer Credit and Protection Act committed by a automobile dealership relating to the contract between the dealership and the buyers. The contract was assigned to defendant bank and the buyers' alleged assignee liability. The bank moved for summary judgment.
Ruling: 
Claim by debtor against bank as assignee of motor vehicle dealership for breach of installment contract not disclosed in schedules remained property of the estate.
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Commercial case opionion summary, case decided on October 21,2009, LexisNexis #1109-087

United States Fire Ins. Co. v. Weishorn

Appellant insurer challenged the bankruptcy court's ruling that the insurer did not have standing to contest appellee worker's motion to lift stay, and the court's order lifting stay and modifying the injunction that was barring the worker's separate superior court claim.
Ruling: 
Insurer of debtor's subcontractor did not have standing to contest motion to lift stay for action based on worker's injuries.
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Commercial case opionion summary, case decided on October 14,2009, LexisNexis #1209-013

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