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Bedford Town Condo. v. Washington Gas Light Co. (In re Bedford Town Condo.)

Before the court was movant debtor's expedited motion to sanction a creditor for violation of automatic stay pursuant to 11 U.S.C.S. § 362(a)(1), (3), (6) for violation of 11 U.S.C.S. § 366(c) (the Sanctions Motion). Respondent creditor, a utility company, did not file a response to the Sanctions Motion, but appeared at the hearing held on the matter and argued against sanctions being imposed.
Ruling: 
Utility termination notice violated stay and gave rise to sanctions.
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Commercial case opionion summary, case decided on September 20,2010, LexisNexis #1110-005

In re Bethany Homes Inc.

Judgment creditors of a bankruptcy debtor sought to hold the debtor in contempt in state court for failing to cooperate in discovery in the creditors' efforts to collect the judgment, but the motion was stayed after the debtor filed its bankruptcy petition. The creditors moved for sanctions pursuant to Fed. R. Bankr. P. 9011 against the debtor, its principal, and its attorney, asserting that the bankruptcy petition was filed in bad faith.
Ruling: 
Frivolous filing to prevent foreclosure was grounds for sanctions against debtor's principal and attorney.
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Commercial case opionion summary, case decided on August 06,2010, LexisNexis #0910-138

In re Cloverleaf Enters.

Both general and special counsel to the debtor presented first interim applications for compensation in the form of attorneys' fees, pursuant to 11 U.S.C.S. §§ 330 and 331. The United States trustee filed objections to the application.
Ruling: 
Interim compensation awarded to debtor's attorneys for services reasonably likely to benefit estate.
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Commercial case opionion summary, case decided on July 13,2010, LexisNexis #1010-039

USGen New Eng. Inc. v. TransCanada Pipeline Ltd. (In re USGen New England Inc.)

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and a Canadian pipeline company filed an amended claim in the amount 52,426,566 Canadian dollars against the debtor's bankruptcy estate. The court approved the debtor's plan for repaying its creditors and held a trial on the debtor's objection to the Canadian company's claim.
Ruling: 
Canadian company's claim under contract for transport of natural gas through pipelines allowed subject to adjustment for mitigation credit.
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Commercial case opionion summary, case decided on April 01,2010, LexisNexis #0710-069

In re Fieldstone Mortg. Co.

In this chapter 11 case, the debtor rejected an executory software licensing and servicing agreement prior to plan confirmation. The software licensor filed an administrative claim, to which the plan trustee objected.
Ruling: 
Software licensor not entitled to administrative expense claim for breach of contract where debtor rejected contract signed by its parent.
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Commercial case opionion summary, case decided on March 22,2010, LexisNexis #0710-010

In re Fieldstone Mortg. Co.

A chapter 11 debtor filed a motion to authorize payments pursuant to a key employment retention plan (KERP) to seven employees. In an earlier opinion, the court granted the motion. On remand from the United States District Court for the District of Maryland following a reversal, the issue was whether any of the seven employees were able to satisfy the limitations set forth in 11 U.S.C.S. § 503(c)(1) in order to receive payments under the KERP.
Ruling: 
Breach of contract claim was within core jurisdiction over allowance and disallowance of claims.
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Commercial case opionion summary, case decided on February 25,2010, LexisNexis #0510-132