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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

In re Ameritex Yarn LLC

A chapter 7 petition was entered against a debtor. The debtor consented to entry of an order of relief, and converted the case to a chapter 11 proceeding. Counsel for the committee of unsecured creditors (the Committee) filed an application for interim compensation and reimbursement for a six week period. Counsel also sought establishment of procedure for the submission of subsequent applications.
Ruling: 
Counsel fees awarded in reduced amount where case was not extraordinary and attorneys had not filed administrative expense claim for pre-apppointment services.
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Commercial case opionion summary, case decided on October 05,2007, LexisNexis #1207-002

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