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In re Quantum Cool LLC

Pursuant to 11 U.S.C.S. § 303(h), a debtor moved to dismiss an involuntary petition filed by petitioning creditors. The debtor also sought an award of reasonable costs and attorney's fees under § 303(i)(1) and punitive damages under § 303(i)(2). Only one petitioning creditor appeared. The issues were limited to whether the debtor's liability to the creditor was subject to a bona fide dispute and whether the petition was filed in bad faith.
Ruling: 
Involuntary petition dismissed due to existence of bona fide dispute as to petitioning creditor's claims.
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Commercial case opionion summary, case decided on July 15,2013, LexisNexis #0813-036

In re LandAmerica Fin. Group Inc.

Debtors, a corporation and its subsidiary, filed voluntary petitions for relief under chapter 11 of Title 11 of the United States Code. The court entered an order confirming the joint chapter 11 plan of the debtors. The liquidation trustee of the subsidiary filed a motion to approve a protocol for determining allowance or disallowance of subsidiary damages claims and granting related relief. Multiple objections were filed.
Ruling: 
Protocol for determining allowance or disallowance of subsidiary damages claim approved as consistent with confirmed plan.
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Commercial case opionion summary, case decided on July 15,2013, LexisNexis #0813-066

In re Augusta Apts. LLC

Counsel sought retroactive approval under 11 U.S.C.S. § 327 of his employment by the debtor and approval under 11 U.S.C.S. § 329 of $24,000 in fees for legal services rendered on behalf of the debtor. The United States Trustee (UST) objected to the fee application as untimely.
Ruling: 
Nunc pro tunc approval of employment of law firm denied.
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Commercial case opionion summary, case decided on July 03,2013, LexisNexis #0713-107

In re National Heritage Found. Inc.

Chapter 11 debtor filed a motion for contempt and sanctions against respondents, creditors and their counsel, based on respondents' filing of a class action suit against the debtor and its officers and directors.
Ruling: 
Creditor and attorney held in contempt for filing postconfirmation civil lawsuit to collect discharged debts.
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Commercial case opionion summary, case decided on June 21,2013, LexisNexis #0713-130

Sea Horse Realty & Constr. Inc. v. CitiMortgage Inc. (In re Sea Horse Realty & Constr. Inc.)

Creditor filed a motion for a stay pending appeal of two orders pursuant to Fed. R. Bankr. P. 8005
Ruling: 
Stay pending appeal granted to prevent distribution of proceeds of sale of property pursuant to deed of trust disputed by debtor.
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Commercial case opionion summary, case decided on June 17,2013, LexisNexis #0713-104

In re Universal Fin. Inc.

Debtor, a licensed consumer finance company, moved to use cash collateral pursuant to 11 U.S.C.S. § 363.
Ruling: 
Motion for use of cash collateral to pay unnecessary preconfirmation unsecured debts denied.
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Commercial case opionion summary, case decided on June 07,2013, LexisNexis #0713-082

In re Renegade Holdings Inc.

Chapter 11 trustee sought confirmation of a second amended and restated joint plan of reorganization for chapter 11 debtors that were fabricators and distributors of tobacco products consisting primarily of cigarettes and cigars. The debtors had not joined a master settlement agreement between major domestic tobacco companies and multiple states and territories and thus operated as non-participating manufacturers.
Ruling: 
Confirmation denied on feasibility grounds due to discrepancy between past and projected performance.
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Commercial case opionion summary, case decided on May 29,2013, LexisNexis #0613-099

In re Colonial Warehouse LLC

A creditor filed a motion to dismiss or, in the alternative, to convert a case under chapter 11 to a case under chapter 7 pursuant to 11 U.S.C.S. § 1112(b)(1). The chapter 11 debtor opposed the motion.
Ruling: 
Case filed on eve of foreclosure with little potential for rehabilitation dismissed for lack of good faith.
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Commercial case opionion summary, case decided on May 20,2013, LexisNexis #0613-133

Sobel v. Sells (In re Gordon Props. LLC)

Plaintiff condominium owners filed an action in a Virginia court, alleging that defendants, an owners' association and individuals who owned a limited liability company ("LLC") that declared chapter 11 bankruptcy, violated the condominium owners' rights. The case was removed to the bankruptcy court, where three individuals who owned the LLC asked the court for permission to hire the LLC's attorney to represent them.
Ruling: 
Individuals who owned debtor developer LLC could not hire debtor's attorneys to represent them in action brought by condominium owners.
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Commercial case opionion summary, case decided on May 17,2013, LexisNexis #0613-038

Bolton v. Jacobson (In re Province Grande Olde Liberty LLC)

Investors filed a state court action against debtor and others arising from an alleged Ponzi scheme. The investors sought relief from the automatic stay under 11 U.S.C.S. § 362(d)(1) and mandatory abstention and remand to the state court under 28 U.S.C.S. § 1334(c)(2).
Ruling: 
Relief from stay and motion for abstention granted to allow state court to adjudicate action arising out of alleged Ponzi scheme.
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Commercial case opionion summary, case decided on May 17,2013, LexisNexis #0613-078

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