- 11 U.S.C.
Miranda, In re--Miranda v. TLB 2019 LLC
Jan
17
2025
Ruling
Disparity between tax lien sale price and valuation at time of transfer demonstrated a lack of reasonably equivalent value for allegedly fraudulent transfer. (Bankr. E.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
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- 11 U.S.C.
Home Bldg. Corp., In re
Jan
17
2025
Ruling
Fee petition denied where the debtor's counsel did not provide services that were reasonably likely to benefit the estate and the case was filed solely to delay secured creditor. (Bankr. E.D.N.Y.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
Swarthmore Grp., Inc., In re--Dershaw v. Nevels
Jan
15
2025
Ruling
Court found that the complaint adequately pleaded debtor's breach of fiduciary duties by approving allegedly inflated share purchase agreement. (Bankr. E.D. Pa.)
Issue(s)
Preferences.
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Richmond Hospitality LLC, In re--Richmond Hospitality LLC v. Shaughnessy
Jan
14
2025
Ruling
Chapter 11 debtor in possession has the rights and powers of a trustee and had standing to assert equitable subordination claim, which was sufficiently alleged. (Bankr. E.D.N.Y.)
Issue(s)
Subordination; Equitable Subordination.
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Diocese of Buffalo, N.Y., In re
Jan
13
2025
Ruling
Appointment of an additional mediator with bankruptcy expertise ordered given the case's complexity, failed prior mediation efforts, and desire to avoid the costs of protracted litigation. (Bankr. W.D.N.Y.)
Issue(s)
Power of Court; Status Conference and Issuance of Orders.
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Prime Capital Ventures, In re
Jan
10
2025
Ruling
Abandonment of post-dismissal claims for fees, costs and damages against petitioning creditors in involuntary case lacked proper business judgment analysis. (Bankr. N.D.N.Y.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.
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Daly, In re
Jan
08
2025
Ruling
Further prosecution of prepetition action was barred by the discharge injunction but claims for declaratory relief unrelated to personal liability could proceed. (Bankr. S.D. Fla.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.
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:
- 11 U.S.C.
Stream TV Networks, Inc., In re
Jan
08
2025
Ruling
Chapter 11 trustee determined that a sale of the debtors' assets was in the best interests of creditors given the debtors' circumstances. (Bankr. E.D. Pa.)
Issue(s)
Use, Sale, or Lease of Property.
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Roman Catholic Diocese of Syracuse, In re
Jan
07
2025
Ruling
Insurance company held in contempt for violating confidentiality agreement by releasing information regarding clergy abuse survivors in debtor diocese. (Bankr. N.D.N.Y.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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- 11 U.S.C.
Fun Bowl Vacations, Inc., In re--O'Toole v. Heinemann
Jan
06
2025
Ruling
Transfers were avoidable as fraudulent due to lack of reasonably equivalent value and debtor's insolvency. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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