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Getchell Agency, In re

Ruling: 
Fees and reimbursement of expenses allowed by court as they were reasonable and within the scope of the approved retention. (Bankr. D. Me.)
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Commercial case opionion summary, case decided on June 22,2017, LexisNexis #0717-092

In re Montreal, Me. & Atl. Ry.

Ruling: 
Post-rejection commercial rent claims did not qualify for administrative expense status absentbenefit to the estate. (Bankr. D. Me.)
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Commercial case opionion summary, case decided on August 25,2016, LexisNexis #0916-085

In re Montreal Me. & Atl. Ry.

Ruling: 
Plan reflecting good faith settlement could be approved, despite not providing for payments to two classes of creditors deemed to have rejected the plan.
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Commercial case opionion summary, case decided on October 09,2015, LexisNexis #1215-025

In re Oak Knoll Assocs. L.P.

Ruling: 
Real estate broker not entitled to claim for commission on sale of debtor's real estate where the listing agreement had expired and delay in sale was not the fault of debtor.
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Commercial case opionion summary, case decided on February 02,2015, LexisNexis #0215-115

In re Montreal Me. & Atl. Ry.

Ruling: 
Wrongful death claims resulting from railway accident were related to debtor's bankruptcy and should be tried in the same court.
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Commercial case opionion summary, case decided on March 21,2014, LexisNexis #0714-068

In re Irving Tanning Co.

The court's memorandum contained findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052 on debtors' contested joint plan of reorganization in these jointly administered chapter 11 cases and a related adversary proceeding. Several parties (the "Objecting Parties") objected to the proposed use of the Self-Insurance Funds and opposed the Self-Insurance Channeling Injunction.
Ruling: 
Confirmation denied on feasibility grounds.
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Commercial case opionion summary, case decided on August 28,2012, LexisNexis #0912-097

Howison v. Milo Enters.

Chapter 7 trustee brought an adversary proceeding against defendant in the United States Bankruptcy Court for the District of Maine, seeking to avoid allegedly preferential or fraudulent transfers. After the bankruptcy court denied the parties' cross-motions for summary judgment, defendant filed a motion in district court under 28 U.S.C.S. § 157(d) to withdraw the reference.
Ruling: 
Motion to withdraw reference of preference proceeding denied on timeliness grounds.
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Commercial case opionion summary, case decided on May 21,2012, LexisNexis #0612-069

In re Trico Marine Servs. Inc.

Before the court was debtors' Motion to determine the validity and priority of a certain make-whole premium (the "Make-Whole Premium") asserted by an Indenture Trustee. Pursuant to an order of the court approving the sale of certain assets, the Indenture Trustee sought full and immediate payment of the Make-Whole Premium out of sale proceeds currently held in escrow. Debtors contested the Indenture Trustee's entitlement to such payment.
Ruling: 
Make-whole premium asserted by indenture trustee was an allowable secured claim.
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Commercial case opionion summary, case decided on April 15,2011, LexisNexis #0511-049

In re M.W. Sewall & Co.

Debtor filed a voluntary petition for relief under chapter 11. Shortly thereafter, the State of Maine Bureau of Alcoholic Beverages and Lottery Operations (the Bureau) moved for relief from the 11 U.S.C.S. § 362 stay, seeking an order requiring debtor to remit to it all receipts of lottery tickets delivered to debtor prepetition, whether sold by debtor pre- or postpetition.
Ruling: 
Lottery bureau held general unsecured claim for ticket sales receipts and was not entitled to relief from stay.
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Commercial case opionion summary, case decided on July 16,2010, LexisNexis #1010-008

TD Bank v. Sewall

In an action filed against defendant guarantors, plaintiff creditor sought a declaratory judgment as to the validity and enforceability of guaranty agreements and an order requiring the sale of stock that the guarantors pledged as collateral. Before the court was the guarantors' motion to transfer the proceeding to the Bankruptcy Court for the District of Maine pursuant to 28 U.S.C.S. § 157(a) and D. Me. R. 83.6.
Ruling: 
Declaratory judgment action that could result in increased funds for the estate transferred to bankruptcy court.
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Commercial case opionion summary, case decided on November 20,2009, LexisNexis #1209-096

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