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In re Decoro USA Ltd.

Debtor business filed a motion seeking an order under 11 U.S.C.S. § 505(a) which required the Internal Revenue Service ("IRS") to issue a tax refund in the amount of $560,167. The IRS opposed the motion, claiming that the court did not have jurisdiction to order relief the debtor requested because the debtor did not properly request the refund, as required by § 505(a)(2)(B)(i), and that the debtor's request was procedurally defective.
Ruling: 
Debtor could not compel IRS to issue improperly requested refund.
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Commercial case opionion summary, case decided on March 11,2013, LexisNexis #0413-007

Schafer v. Hilliard (In re Royal Tours Inc.)

Bankruptcy trustee brought an adversary proceeding against transferee of funds from a bankruptcy debtor alleging that the transfers were avoidable as preferential transfers under 11 U.S.C.S. § 547, and that certain transfers were avoidable as unauthorized postpetition transfers under 11 U.S.C.S. § 549. The trustee moved for summary judgment.
Ruling: 
Unauthorized postpetition transfers could be avoided but not postpetition payments made to satisfy debt of non-debtor spouse.
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Commercial case opionion summary, case decided on March 01,2013, LexisNexis #0413-022

In re Burcam Capital II LLC

In this chapter 11 case, the debtor sought confirmation of its plan and the debtor's only secured creditor filed various objections and a motion to dismiss.
Ruling: 
Plan confirmed over objection where placement of unsecured claims, purchased by secured creditor in order to block confirmation, in separate class was reasonable.
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Commercial case opionion summary, case decided on February 15,2013, LexisNexis #0313-060

In re Brier Creek Corporate Ctr. Assocs. Ltd.

Debtors, a limited partnership and affiliated businesses, filed an action against a bank in state court, and after the debtors declared chapter 11 bankruptcy and the case was moved to the bankruptcy court, the court granted the debtors' motion for an order staying arbitration which the bank had demanded against individuals and entities that guaranteed debts the debtors owed. The bank asked the court to stay its order pending appeal.
Ruling: 
Motion for stay pending appeal of order staying arbitration until confirmation hearing denied .
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Commercial case opionion summary, case decided on February 12,2013, LexisNexis #0313-033

In re Brier Creek Corporate Ctr. Assocs. Ltd. Pship v. Bank of Am. (In re Brier Creek Corporate Ctr. Assocs. Ltd. Pship)

Debtors, a limited partnership and affiliated businesses, filed an action against a bank in state court, and after the debtors declared chapter 11 bankruptcy and the case was moved to the bankruptcy court, the bank filed a motion which asked the court to abstain from hearing the case and to compel arbitration. The court held a hearing on the bank's motion.
Ruling: 
Bankruptcy court refused to abstain from or compel arbitration of contract suit that addressed core issues relating to creditor bank's claims.
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Commercial case opionion summary, case decided on February 08,2013, LexisNexis #0413-030

In re RTJJ Inc.

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and asked the court to confirm its second amended bankruptcy plan. A bank that was the debtor's largest creditor filed an objection to the plan and asked the court for relief under 11 U.S.C.S. § 362(d) so it could foreclose on property the debtor owned. The court held a hearing on the debtor's request for confirmation and the motion for stay relief.
Ruling: 
Plan of debtor real estate company confirmed as reorganization was preferable to for creditors to a forced sale, which would depress property values.
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Commercial case opionion summary, case decided on February 06,2013, LexisNexis #0213-132

In re Brier Creek Corporate Ctr. Assocs. LP

Lender, a party to an adversary proceeding in a chapter 11 case, sought to compel arbitration of disputes between lender and a group of defendants (Nondebtors) including current or former officers of the company, an affiliate of debtors and its co-plaintiff in prepetition litigation brought against Lender. Debtors then moved to extend the 11 U.S.C.S. § 362 stay to nondebtors or for injunctive relief per 11 U.S.C.S. § 105 to stay the arbitration.
Ruling: 
Arbitration stayed pending hearing on confirmation.
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Commercial case opionion summary, case decided on January 14,2013, LexisNexis #0213-001

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

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