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In re LichtinWade LLC

Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. A secured creditor asked the court to disallow a claim filed by another creditor, contending that the claim was untimely under 11 U.S.C.S. § 502(b)(9). The court held a hearing on the creditor's motion.
Ruling: 
Creditor with claim that was not listed as disputed, contingent or unliquidated and agreed with that designation was not required to file proof of claim.
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Commercial case opionion summary, case decided on December 19,2012, LexisNexis #0113-025

In re LichtinWade LLC

Debtor limited liability company ("LLC") filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. The debtor proposed a plan for reorganizing its business, and a secured creditor asked the court to disallow votes that were cast in favor of the plan by another creditor. The court held a hearing on the creditor's motion.
Ruling: 
Votes cast in favor of plan by nonstatutory insider of debtor would not be counted.
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Commercial case opionion summary, case decided on December 18,2012, LexisNexis #0113-028

In re LichtinWade LLC

Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. A secured creditor filed an objection to a chapter 11 bankruptcy plan the debtor proposed, and the debtor filed a motion which asked the court to disallow all votes the creditor cast against the debtor's plan, pursuant to 11 U.S.C.S. § 1126(e). The court held a hearing on the debtor's motion.
Ruling: 
Creditor's vote against debtor's plan could not be disallowed absent evidence of alleged bad faith.
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Commercial case opionion summary, case decided on December 17,2012, LexisNexis #0113-029

Hensley v. Pace Airlines Inc. (In re Pace Airlines Inc.)

A law firm that represented employees who filed claims under the Worker Adjustment and Retraining Act ("WARN Act"), 29 U.S.C.S. § 2101 et seq., against an airline's chapter 7 bankruptcy estate filed an application for attorneys' fees and costs and asked the court to find that the application was entitled to priority treatment under 11 U.S.C.S. § 503 as an administrative expense. A bankruptcy administrator and a trustee filed objections.
Ruling: 
Law firm that represented debtor's employees in WARN Act claims was not entitled to administrative expense priority for fee application.
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Commercial case opionion summary, case decided on December 11,2012, LexisNexis #0113-012

In re CDKP Dev. Inc.

A chapter 11 debtor filed an emergency motion for approval of a private sale and an emergency motion to sell property free and clear of liens under 11 U.S.C.S. § 363(f).
Ruling: 
Debtor's motion for sale free and clear of liens denied where satisfaction could not be compelled.
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Commercial case opionion summary, case decided on November 30,2012, LexisNexis #1212-112

In re Qimonda Ag

A foreign representative filed a motion in a chapter 15 bankruptcy case, seeking an order enjoining a French semiconductor company from prosecuting an action it filed against a German company ("debtor") and its U.S. affiliate in the U.S. District Court for the Northern District of California. The French company opposed the foreign representative's motion and asked the bankruptcy court to grant relief from the automatic stay.
Ruling: 
French company's action against German debtor and U.S. affiliate enjoined to the extent alleging prepetition breaches of agreement.
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Commercial case opionion summary, case decided on November 07,2012, LexisNexis #1112-136

Sparkman v. Martin Marietta Materials Inc. (In re Mainline Contr. Inc.)

Chapter 7 trustee filed an adversary proceeding against defendant vendor, seeking a determination, inter alia, that payments a contracting company ("debtor") made to the vendor within the 90-day period that preceded the date the debtor declared bankruptcy were preferential transfers that could be avoided under 11 U.S.C.S. § 547. The parties filed cross-motions for summary judgment.
Ruling: 
Phone calls and emails prior to payments did not remove transfers from ordinary course of business exception.
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Commercial case opionion summary, case decided on October 23,2012, LexisNexis #1112-053

In re Sea Trail Corp.

Chapter 11 debtor, the owner of a golf resort facility, submitted its first amended plan of reorganization for a hearing on confirmation. Objections to confirmation were filed by the bankruptcy administrator and the unsecured creditor's committee, challenging the plan's compliance absolute priority rule set forth in 11 U.S.C.S. § 1129(b)(2)(B), and the treatment of the unsecured classes, respectively.
Ruling: 
Plan featuring separate classification of classes of unsecured creditors with different, contradictory interests, could be confirmed.
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Commercial case opionion summary, case decided on October 23,2012, LexisNexis #1112-061

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.
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Commercial case opionion summary, case decided on October 19,2012, LexisNexis #1112-103

In re Hookup LLC

A bankruptcy debtor asserted that a tenant of the debtor violated the automatic bankruptcy stay of 11 U.S.C.S. § 362 by withholding rent which was due to the debtor under the terms of a lease. The debtor moved for sanctions against the tenant.
Ruling: 
Tenant sanctioned for withholding rent from debtor landlord in violation of stay.
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Commercial case opionion summary, case decided on October 15,2012, LexisNexis #1112-007

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