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In re Carbone Companies, Inc.

United States Bankruptcy Court for the Northern District of Ohio
395 B.R. 631 (2008)


Facts

Carbone Companies, Inc. (Carbone) (debtor) was a construction company. Carbone obtained a loan from Fifth Third Bank (bank) (creditor) for $15 million. The loan was secured by a security interest in Carbone’s accounts, inventory, equipment, and other property. Carbone defaulted on the loan four years later. The bank obtained a judgment against Carbone for over $16 million and notified Carbone that it was executing on the judgment. The following day, Carbone filed for reorganization under chapter 11 of the bankruptcy code. Carbone continued to operate as a debtor in possession. Carbone filed a motion in bankruptcy court seeking authorization to use cash collateral to continue its business operations. For support, Carbone provided evidence of its projected cash flows and expectation of continued business with existing clients.

Rule of Law

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Issue

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Holding and Reasoning (Baxter, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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