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Bosiger v. US Airways Inc.

After defendant airline's emergence from its second bankruptcy, plaintiff, a retired pilot, filed an action, alleging that the airline improperly terminated his pension benefits during the airline's first bankruptcy. The District Court for the Eastern District of Virginia dismissed the pilot's claim because the pilot failed to file a proof of claim during the airline's second bankruptcy. The pilot appealed.
Ruling: 
Pilot's claim for improper termination of pension benefits in debtor's first bankruptcy dismissed due to failure to file proof of claim in second bankruptcy.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0108-067

In re Rowe Cos.

Debtor in possession ("DIP") objected to three proofs of claim filed by two different creditors (Creditor 1 and Creditor 2). At issue in each objection was whether the claims, which arose from each creditor's shipment of goods to an entity (subsidiary) that was wholly owned by DIP, were properly allowed against the DIP.
Ruling: 
Debtor-in-possession's objection to proof of claim arising from shipments to subsidiary sustained.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0208-043

In re Grubbs

A chapter 13 trustee objected to the confirmation of a chapter 13 debtor's plan, claiming that the appropriate applicable commitment period under 11 U.S.C. § 1325(b)(4) was five years, not three years.
Ruling: 
Plan of married debtor filing individually could exclude spouse's income to the extent not regularly contributed to household expenses.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0208-058

In re Iams Funeral Home Inc.

A state attorney general sought entry of an order that declared all preneed funeral contracts held by a chapter 11 debtor to be excepted from property of the debtor's bankruptcy estate, and confirmed that the automatic stay, 11 U.S.C. § 362, did not apply to litigation initiated by the attorney general against the debtor for alleged violations of state law.
Ruling: 
Attorney general's action alleging violation of funeral laws was excepted from stay as exercise of police and regulatory power.
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Commercial case opionion summary, case decided on December 06,2007, LexisNexis #1207-110

In re WCS Enters.

A corporate debtor filed a petition under chapter 11, and it objected to a claim that was filed by one of its creditors. The case was converted to one under chapter 7, and the court appointed a trustee to represent the bankruptcy estate. The trustee was substituted as the objecting party.
Ruling: 
Creditor not entitled to contractual claim for postpetition attorneys'fees.
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Commercial case opionion summary, case decided on November 20,2007, LexisNexis #1207-075

In re U.S. Airways Inc.

Debtor airline company filed a petition under chapter 11, and one of the debtor's employees filed an unsecured priority claim in the amount of $1,300,000. The debtor filed an objection to the claim and moved for summary judgment on its objection.
Ruling: 
Pilot's unsecured priority claim disallowed as duplicative of claim filed by Pension Benefit Guarantee Corporation in debtor's prior case.
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Commercial case opionion summary, case decided on October 31,2007, LexisNexis #1207-137

In re Center for Mgmt. & Tech. Inc.

The petitioners who filed an involuntary chapter 7 case against the alleged debtor filed an emergency motion for appointment of an interim trustee pursuant to 11 U.S.C. § 303(g).
Ruling: 
Interim trustee appointed in involuntary case of 501(c)(3) organization.
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Commercial case opionion summary, case decided on October 26,2007, LexisNexis #1207-041

In re IPofA W. Oaks Mall LP

Debtors, three Texas limited partnerships (LPs), filed separate petitions under chapter 11, and the court granted their petition for joint administration of their cases. Movant creditor filed a motion for an order appointing a chapter 11 trustee to represent the interests of creditors.
Ruling: 
Chapter 11 trustee ordered appointed where debtor's owner and manager violated fiduciary duties with questionable sale to entity also in bankruptcy.
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Commercial case opionion summary, case decided on October 26,2007, LexisNexis #1207-054

In re Derivium Capital LLC

The matter came before the court upon the chapter 7 trustee's notice and application for sale of property free and clear of liens and settlement of claims in connection therewith (application). Several parties referred to by the court as "active creditors" filed an objection to the application, with which four other "active creditors" joined.
Ruling: 
Settlement including mandatory release of creditors' claims against non-debtor third parties was not in best interests of the estate and could not be approved.
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Commercial case opionion summary, case decided on October 26,2007, LexisNexis #1207-063

In re Derivium Capital LLC

A debtor limited liability company (LLC) originally filed for relief under chapter 11, and the matter was converted to a chapter 7 proceeding. A chapter 7 trustee filed a notice and application for sale of property. The objecting parties filed an objection under seal to the application. A partial owner of the LLC orally moved to seal certain exhibits admitted during the hearing on the application.
Ruling: 
Protective orders covering discovery did not provide and independent basis for sealing exhibits entered into evidence at hearing on sale of property.
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Commercial case opionion summary, case decided on October 22,2007, LexisNexis #1207-064

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