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Patriot Coal Corp., In re--Parsley v. Blackhawk Mining, LLC

Ruling: 
Motion to transfer granted as it is in the interests of justice for the home court, which hadconfirmed the debtors' chapter 11 plan, to interpret the disputed asset purchase agreementthat had been incorporated in the plan. (Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on September 06,2018, LexisNexis #1018-088

Tara Retail Grp., Inc., In re

Ruling: 
Debtor's motion to surcharge was denied as debtor's attorney's fees and expenses requestedin the fee application were not incurred primarily to protect or preserve creditor's collateral.(Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-069

Emerald Grande, LLC, In re

Ruling: 
Court denied creditors' motion to convert case as creditors failed to demonstrate that debtor has grossly mismanaged its estate. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 04,2018, LexisNexis #0718-055

Jade Invs., LLC, In re

Ruling: 
Motion to dismiss denied where creditor made no showing of subjective bad faith orobjective futility on the part of debtor or its principals. (Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on May 01,2018, LexisNexis #0618-019

Tara Retail Grp., Inc, In re

Ruling: 
Court approved debtor's resolution of its objection to a proof of claim as debtor’s proposed compromise with a tenant-creditor did not constitute the unauthorized use of a secured creditor’s cash collateral. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on February 14,2018, LexisNexis #0418-033

Tara Retail Grp., Inc., In re

Ruling: 
Court ruled that the settlement agreed upon was not to be considered an impermissible lock-up agreement as the claim objection part of the settlement could essentially stand on its own even without needing the agreement to vote in favor of the plan of the debtor. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on January 03,2018, LexisNexis #0218-108

Hard Rock Exploration, Inc., In re

Ruling: 
Court determined extent of creditor's lien and extent of debtors' assets that constitutedcollateral. (Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on December 18,2017, LexisNexis #0218-009

Passage Midland Meadows Operations, LLC, In re

Ruling: 
Lessor lawfully terminated the master lease, the court having found that according to thenature of the lease, the propety was nonresidential in nature and was thus not estate property.(Bankr. S.D. W. Va.)
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Commercial case opionion summary, case decided on December 01,2017, LexisNexis #0118-009

John Stewart Custom Woodworking, Inc., In re

Ruling: 
Homeowners were granted relief from stay as they were subject to greater harm than other creditors and had an individual claim that did not belong to the estate. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on July 20,2017, LexisNexis #0817-093

W. Va. High Tech. Consortium Found., In re

Ruling: 
Motion to appoint trustee was denied where there was no clear and convincing evidence that the debtors' management grossly mismanaged debtors or were dishonest. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on April 21,2017, LexisNexis #0517-106

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