Judge Owens

DSI Renal Holdings, In re

Ruling: 
Recoveries obtained by the trustee in avoidance proceedings actions were capped at amountnecessary to satisfy creditors and expenses. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 04,2020, LexisNexis #0320-069

LSC Wind Down, LLC, In re--UMB Bank, N.A. v. Sun Capital Partners

Ruling: 
Motion to dismiss denied where plaintiff identified numerous unsecured creditors who didnot know the transfer or its fraudulent nature prior to the petition date. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 23,2020, LexisNexis #0320-014

Emerge Energy Servs. LP, In re

Ruling: 
Amended joint plan of reorganization for debtors under Chapter 11 was denied in order forthe third-party release provision to be revised. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on December 05,2019, LexisNexis #0120-067

Scheer v. State Bar (In re Scheer)

Ruling: 
Arbitration award owed by suspended attorney was not excepted from discharge as it was not a fine or penalty payable to a governmental unit.
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Consumer case opionion summary, case decided on April 14,2016, LexisNexis #0516-050

Pensco Trust Co. v. Tristar Esperanza Props. LLC (In re Tristar Esperanza Props. LLC)

Ruling: 
Claim for arbitration award arising from the purchase or sale of securities properly subordinated.
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Commercial case opionion summary, case decided on April 02,2015, LexisNexis #0415-110

Ryan v. Andrews (In re Chrismer)

A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff trustee filed an action against defendant company alleging that the company received a preferential transfer from the debtor under 11 U.S.C.S. § 547. The company asserted a debtor under 11 U.S.C.S. § 547(c)(9).
Ruling: 
Trustee could not recover for creditor's preference period retrieval of commercial goods worth less than $5 thousand from debtor.
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Consumer case opionion summary, case decided on September 23,2008, LexisNexis #0209-013

Webster v. W. Express Inc.

After plaintiff bankruptcy trustee moved to reopen a debtor's bankruptcy case to include as personal injury claim that arose prior to the filing of the bankruptcy case, a defendants moved for summary judgment pursuant to Fed. R. Civ. P. 56, arguing that judicial estoppel prevented the trustee from pursuing the personal injury claims.
Ruling: 
Estoppel did not apply to bar personal injury action not scheduled by debtor but not abandoned by trustee.
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