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2nd circuit

Branded Operations Holdings, Inc., In re

Ruling
Debtor lacked standing to modify confirmed plan that was substantially consummated. (Bankr. S.D.N.Y.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.

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Commercial opinion summary, case decided on May 25, 2025 , LexisNexis #0725-095

GOL Linhas Aéreas Inteligentes S.A., In re

Ruling
The Purdue Pharma and Energy Resources decisions allow for consensual third- party releases to be included in a Chapter 11 plan. (Bankr. S.D.N.Y.)
Issue(s)
Contents of Plan; Discretionary Provisions; Other Appropriate Provisions.

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Commercial opinion summary, case decided on May 22, 2025 , LexisNexis #0725-094

Estiatorio Ent. Ltd., In re

Ruling
Building was abandoned to the debtor under § 554(c) as scheduled property not administered. (Bankr. S.D.N.Y.)
Issue(s)
Abandonment of Property of the Estate.

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Consumer opinion summary, case decided on May 22, 2025 , LexisNexis #0725-093

Tommy's Fort Worth, LLC, In re

Ruling
Debtor's president’s failure to withdraw or amend complaints alleging claims belonging to the estate after being put on notice by the Trustee constituted a continuing violation of the automatic stay. (Bankr. N.D. Tex.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Commercial opinion summary, case decided on May 22, 2025 , LexisNexis #0725-080

ECI Pharms. LLC, In re--Acute Inc. v. ECI Pharms. LLC

Ruling
Proceeding seeking revocation of confirmation stayed to avoid interfering with pending appeal of the confirmation order. (Bankr. S.D. Fla.)
Issue(s)
Revocation of an Order of Confirmation.

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Commercial opinion summary, case decided on May 21, 2025 , LexisNexis #0725-096

Davis, In re--Thaler v. Davis

Ruling
Debtor's discharge denied because he knowingly failed to disclose a pending lawsuit and acted with reckless indifference to the truth, indicating fraudulent intent. (Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on May 20, 2025 , LexisNexis #0725-068

Celsius Network LLC, In re--Meghji v. Bailey

Ruling
Counterclaims filed by “unknown” creditor discharged under the confirmed Chapter 11 plan as publication notice was sufficient and the creditor failed to file a timely proof of claim. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Confirmation; Discharge.

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Commercial opinion summary, case decided on May 15, 2025 , LexisNexis #0725-071

Wood, In re

Ruling
State contempt order obtained by creditor was a willful violation of the automatic stay since it sought collection on pre-petition debt without excluding estate property despite notice of bankruptcy. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on May 13, 2025 , LexisNexis #0725-054

Manchanda, In re--Manchanda Law Off. PLLC v. Manchanda

Ruling
Debtor’s contempt motions denied due to immunities, frivolous filings, and misuse of automatic stay protections. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-028

Coast, LLC (Adventure Coast, LLC), Northwest Ga. Factoring Grp. v. Adventure

Ruling
Court barred debtor from removing state court case against debtor’s principal as debtor was not a named party. (Bankr. N.D. Ga.)
Issue(s)
Removal of Claims Related to Bankruptcy.

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Commercial opinion summary, case decided on May 12, 2025 , LexisNexis #0725-074