- 11 U.S.C.
Cl H Winddown LLC, In re
Sep
04
2023
Ruling
Court granted the alleged insider's motion to dismiss avoidance proceeding as trustee failed toallege sufficient facts to establish his insider status. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
ABI Membership is required to access the full summary of Cl H Winddown LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
La Familia Primary Care, P.C., In re
Aug
17
2023
Ruling
No patient care ombudsman was needed in the debtor's bankruptcy case as the debtor was nota health care business. (Bankr. D.N.M.)
Issue(s)
Definitions; "Health Care Business"
ABI Membership is required to access the full summary of La Familia Primary Care, P.C., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
0723-077 (Commercial) State court actions against parties related to debtor diocese based on claims of sexual abuse allowed to proceed as they were not subject to the automatic stay and an injunction was not warranted. (Bankr. S.D.N.Y.) HOLDINGS
Jun
05
2023
Ruling
Congressional enactment of the Puerto Rico Oversight, Management, and Economic Stability Act, to adjust for Puerto Rico’s ineligibility as a debtor under Chapter 9, was not sufficient federal action to constitute a taking. (Fed. Cl.)
Issue(s)
Definitions; “State”.
ABI Membership is required to access the full summary of 0723-077 (Commercial) State court actions against parties related to debtor diocese based on claims of sexual abuse allowed to proceed as they were not subject to the automatic stay and an injunction was not warranted. (Bankr. S.D.N.Y.) HOLDINGS Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Basham, In re
May
25
2023
Ruling
Debtor had an allowed claim pursuant to an equalization and child support judgment, which constituted a domestic support obligation. (Bankr. D. Ariz.)
Issue(s)
Definitions; "Domestic Support Obligation".
ABI Membership is required to access the full summary of Basham, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Nuovo Ciao-Di, LLC, In re
May
19
2023
Ruling
Condominiums did not constitute "single asset real estate" as creditor did not sufficiently establish that the properties were linked by a common plan or scheme. (Bankr. S.D.N.Y.)
Issue(s)
Definitions; “Single Asset Real Estate”.
ABI Membership is required to access the full summary of Nuovo Ciao-Di, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mack, In re
Feb
09
2023
Ruling
Creditor's objection to confirmation of debtor's Chapter 13 plan was overruled as creditor had an inherited in rem claim secured by real property that was subject to inclusion within the plan. (Bankr. D.S.C.)
Issue(s)
Definitions; “Claim”; Right to Payment.
ABI Membership is required to access the full summary of Mack, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
Franklin, In re--Haak v. Franklin
Aug
24
2022
Ruling
Creditor who did not file a proof of claim had standing in an adversary proceeding seeking adetermination of nondischargeability. (Bankr. E.D. Mich.)
Issue(s)
Definitions; “Claim”.
ABI Membership is required to access the full summary of Franklin, In re--Haak v. Franklin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sanders-Davenport, In re--Michael S. Mahoney, PC v. Sanders-Davenport
Jul
20
2022
Ruling
Attorney did not plausibly allege that the debt owed by the debtor constituted a domesticsupport obligation. (Bankr. W.D. Mich.)
Issue(s)
Definitions; “Domestic Support Obligation”; In the Nature of Alimony,
ABI Membership is required to access the full summary of Sanders-Davenport, In re--Michael S. Mahoney, PC v. Sanders-Davenport Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
J.E.L. Site Dev., In re--Chamber v. Delta P'ship LLC
Jul
18
2022
Ruling
Company was a non-statutory insider of debtor given that the parties had a sufficientlyclose relationship to qualify as non-statutory insiders and debtor and company's businessrelationship was not conducted at arm's length. (Bankr. M.D. Fla.)
Issue(s)
Definitions; “Insider”; Affiliate or Insider of Affiliate.
ABI Membership is required to access the full summary of J.E.L. Site Dev., In re--Chamber v. Delta P'ship LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Cimba, In re--Frankenberger v. Cimba
Feb
14
2022
Ruling
Claim that debtor was liable for a new line of credit failed where there was no writtendocumentation that the debtor was a signatory on the new loan or a guarantor on the debt.(Bankr. W.D. Ky.)
Issue(s)
Definitions; “Creditor”.
ABI Membership is required to access the full summary of Cimba, In re--Frankenberger v. Cimba Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: