Legal Opinion

Commissary Operations, Inc. v. Dot Foods, Inc. (In Re Commissary Operations, Inc.)

United States Bankruptcy Court, M.D. Tennessee

Decided January 7, 2010No. Bankruptcy No. 308-06279. Adversary Nos. 309-00280A, 309-00282A, 309-00287A, 309-00290A, 309-00295A, 309-00297A, 309-00300A, 309-00301A, 309-00303A, 309-00306A, 309-00309A, 309-00315A, 309-00327A, 309-00332APublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARIAN F. HARRISON, Bankruptcy Judge.

This matter came before the Court upon the debtor’s motions for declaratory judgment regarding the use of 11 U.S.C. § 503(b)(9) administrative invoices in the 11 U.S.C. § 547(c)(4) subsequent new value defense to a preference claim and the various defendants’ objections to the debt- or’s motions and motions for summary judgment on the same issue. 1 As stated in open court and for the following reasons, the Court denies the debtor’s motions for declaratory judgment, sustains the defendants’ objections to the debtor’s motions, and grants…

2Cases cited4 opinions

  1. ASM Capital, LP v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)Court of Appeals for the Second Circuit · 2009
  2. Phoenix Restaurant Group, Inc. v. Ajilon Professional Staffing LLC (In Re Phoenix Restaurant Group, Inc.)United States Bankruptcy Court, M.D. Tennessee · 2004
  3. Phoenix Restaurant Group, Inc. v. Proficient Food Co. (In Re Phoenix Restaurant Group, Inc.)District Court, M.D. Tennessee · 2007
  4. In Re Arts Dairy, LLCUnited States Bankruptcy Court, N.D. Ohio · 2009

3Cited by6 opinions

  1. Friedman's Liquidating Trust v. Roth Staffing Companies LP (In Re Friedman's Inc.)Court of Appeals for the Third Circuit · 2013
  2. In Re Circuit City Stores, Inc.United States Bankruptcy Court, E.D. Virginia · 2010
  3. Gonzales v. Sun Life Insurance (In re Furr's Supermarkets, Inc.)United States Bankruptcy Court, D. New Mexico · 2012
  4. TI Acquisition, LLC v. Southern Polymer, Inc. (In Re TI Acquisition, LLC)United States Bankruptcy Court, N.D. Georgia · 2010
  5. Auriga Polymers Inc. v. PMCM2, LLCCourt of Appeals for the Eleventh Circuit · 2022

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