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2nd circuit

Miranda, In re--Miranda v. TLB 2019 LLC

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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Consumer opinion summary, case decided on January 17, 2025 , LexisNexis #0325-067

Home Bldg. Corp., In re

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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Commercial opinion summary, case decided on January 17, 2025 , LexisNexis #0325-053

Swarthmore Grp., Inc., In re--Dershaw v. Nevels

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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Commercial opinion summary, case decided on January 15, 2025 , LexisNexis #0325-090

Richmond Hospitality LLC, In re--Richmond Hospitality LLC v. Shaughnessy

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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Commercial opinion summary, case decided on January 14, 2025 , LexisNexis #0325-056

Diocese of Buffalo, N.Y., In re

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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Commercial opinion summary, case decided on January 13, 2025 , LexisNexis #0325-076

Prime Capital Ventures, In re

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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Commercial opinion summary, case decided on January 10, 2025 , LexisNexis #0325-028

Daly, In re

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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Consumer opinion summary, case decided on January 08, 2025 , LexisNexis #0325-041

Stream TV Networks, Inc., In re

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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Commercial opinion summary, case decided on January 08, 2025 , LexisNexis #0325-033

Roman Catholic Diocese of Syracuse, In re

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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Commercial opinion summary, case decided on January 07, 2025 , LexisNexis #0325-026

Fun Bowl Vacations, Inc., In re--O'Toole v. Heinemann

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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Commercial opinion summary, case decided on January 06, 2025 , LexisNexis #0325-042