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In re Den-L Trans. Inc.

A broker filed a motion to allow a business broker fee for his services rendered in selling a chapter 7 debtor's assets. A creditor objected on the ground that the broker was not engaged to sell the debtor's real estate. The chapter 7 trustee also objected to the motion.
Ruling: 
Broker not entitled to fees for sale of assets actually accomplished by auctioneer.
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Commercial case opionion summary, case decided on January 11,2010, LexisNexis #0310-002

In re American Cartage Inc.

Chapter 7 trustee caused the reopening of the debtor's bankruptcy case, and sought approval of a settlement with another waste hauler that helped fulfill the debtor's contractual obligations. Creditor city, the purchaser of the debtor's assets, opposed the settlement on the grounds that it held claims against the other waste hauler that previously belonged to the debtor. The trustee asserted such claims remained with the estate.
Ruling: 
Contract cause of action was property of chapter 7 estate in reopened case.
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Commercial case opionion summary, case decided on December 10,2009, LexisNexis #0110-103

201 Forest St. LLC v. LBM Fin. LLC (In re 201 Forest St. LLC)

Plaintiff debtors objected to claims made by defendants, a lender and its individual owner, on a series of notes and guarantees. Plaintiff's so-called "counterclaims" included that default rates on interest on said notes were unenforceable penalties, that defendants' claims were properly equitably subordinated per 11 U.S.C.S. § 510, that defendants had violated Mass. Gen. Laws Ann. ch. 93A, and that no award under 11 U.S.C.S. § 506 was proper.
Ruling: 
Court disallowed creditors' claims for excessive default interest and late fees and awarded debtor punitive damages and fees.
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Commercial case opionion summary, case decided on June 30,2009, LexisNexis #0809-116

Braunstein v. Sperbeck (In re Logistics Info. Sys.)

Chapter 7 trustee filed a 10-count complaint against defendants, a corporation and various individuals, alleging, inter alia, that defendants made fraudulent conveyances under state law. The trustee sought an order requiring defendants to turn over assets to debtor corporation's bankruptcy law, and filed a motion for an order consolidating the debtor and defendant corporation. The case was tried to the court.
Ruling: 
Debtor consolidated with new corporation created by principal with debtor's funds.
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Commercial case opionion summary, case decided on March 18,2009, LexisNexis #0509-137

In re Vitalsigns Homecare Inc.

The matter came before the court for hearing on the chapter 7 trustee's motion to authorize the sale of property of the estate (namely, debtor's Medicare provider number), free and clear of liens, claims, and encumbrances, and the partial objection of the United States, on behalf of the Department of Health and Human Services (HHS). The potential purchaser filed a statement in support of the trustee's motion.
Ruling: 
Trustee allowed to sell debtor's medicare provider number free and clear.
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #0109-074

In re Diomed Inc.

A claimant in a chapter 11 debtor's bankruptcy case sought allowance and payment of an administrative claim pursuant to 11 U.S.C.S. § 503(a), § 503(b), and § 507(a)(2), consisting of royalties for the use of a patent in products that were sold postpetition but prior to the rejection of a license agreement, royalties for the bulk sale of products using the patent, net settlement proceeds derived from two settlements, and damages.
Ruling: 
Administrative expense claims allowed for pre-rejection royalty claim and proceeds of patent settlement.
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Commercial case opionion summary, case decided on September 15,2008, LexisNexis #1008-040

In re Tradex Swiss AG

Self-styled "foreign representatives" challenged the commencement of an involuntary chapter 7 case against a debtor, a foreign corporation, and sought, in the alternative, consolidation of the involuntary case with the debtor's chapter 15 case. The petitioning creditors in the involuntary case sought to deny recognition of a foreign proceeding.
Ruling: 
Recognition granted to foreign non-main proceeding and chapter 7 case permitted to proceed given debtor's center of main interest in U.S.
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Commercial case opionion summary, case decided on March 12,2008, LexisNexis #0408-024

In re Iron Age Corp.

The debtors'landlord filed a motion for an order allowing and directing immediate payment of administrative expense claims. The landlord sought payment of postpetition rent for property that he leased to the debtors by virtue of a lease entered into prior to the filing of the petition. The landlord argued that pursuant to 11 U.S.C. §§ 365(d)(3), 503(a) and 503(b)(1)(A) his claim was an administrative expense claim.
Ruling: 
Lease that was not legally terminated or rejected gave rise to administrative expense claim for landlord.
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Commercial case opionion summary, case decided on November 30,2007, LexisNexis #1207-114