New Cases - Week of October 31, 2011

New Cases For the Week of October 31, 2011 - November 4, 2011

November 3, 2011

Bankr. ND TX

Funds and other economic benefits were transferred back and forth between corporate affiliates of a hospital debtor, and the debtor and affiliates shared common management. Hence, there was a synergy between the affiliates such that they constituted a single economic unit.

Funds transferred pre-petition by the debtor to a physician who rendered services to an affiliate hospital were not a fraudulent transfer. "Value" includes indirect value. Indirect value value includes the synergy realized from the joining of two enterprises.

November 1, 2011
In re Barnwell County Hospital (DBN)	Bankr. SC	An ad hoc committee of citizens formed to promote the continued operation of a local distressed hospital did not have standing in the hospital's bankruptcy Chapter 9 case (except for those committee members who happened to be creditors). The purpose of bankruptcy is the adjustment of the deb to/creditor relationship. Moreover, Congress has explicitly stated in the legislative history that the courts do not have jurisdiction to interfere with the political and policy choices a municipality makes in running its organization.
In re Cascade Grain Products, LLC (DBN)s	Bankr. OR	"Maturity date," as used in the definition of "forward contract" in § 101(25), means the future date at which the commodity must be bought or sold, not the date on which delivery of the commodity could have legally occurred under the terms of the putative forward contract.
In re AG (DBN)	Bankr. ED VA	In a cross-border case, where foreign law provides lesser patent protection than U.S. law, public policy, as well as the economic harm that would otherwise result to the licensees, requires that the protections of § 365(n) apply to the debtor's U.S. patents.