Aug
04
2020
Wilton Armetale, Inc., In re--Artesanias Hacienda Real S.A. de C.V. v. North Mill Capital, LLC
Ruling:
Creditor had both constitutional standing and the statutory authority to pursue estate claimsformally abandoned by the trustee. (3d Cir.)
Court: 3rd Circuit ( ) [ Bankruptcy Court ]
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Commercial case opionion summary, case decided on August 04,2020, LexisNexis #0920-063
Jul
15
2020
Storage, Inc.
Ruling:
Motion to dismiss in favor of arbitration denied where bankruptcy court had sole andexclusive jurisdiction to authorize sale of assets. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 15,2020, LexisNexis #0920-019
Jun
03
2020
SureFunding, LLC, In re
Ruling:
Chapter 11 case filed under threat of receivership was not filed in good faith. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on June 03,2020, LexisNexis #0720-068
Jun
08
2020
MTE Holdings, LLC, In re
Ruling:
Administrative expense claim by landowner who leased mineral rights to debtor deniedabsent proof of specific acts of negligence or that more of the land was used by the debtorthan was reasonably necessary. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on June 08,2020, LexisNexis #0720-057
Jun
02
2020
BSA, In re
Ruling:
Debtor's application to retain restructuring consel was granted as counsel did not represent aninterest adverse to the estate. (Bankr. D. Del.)
Court: 3rd Circuit ( ) [ Bankruptcy Court ]
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Commercial case opionion summary, case decided on June 02,2020, LexisNexis #0720-052
Apr
17
2020
FBI Wind Down, Inc., In re--FBI Wind Down, Inc. Liquidating Trust v. Careers USA, Inc.
Ruling:
Defendant's motion for summary judgment denied where factual issues remained as towhether certain transfers were for or on account of antecedent debt. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on April 17,2020, LexisNexis #0620-040
Mar
30
2020
DSI Renal Holdings, LLC, In re--Giuliano v. Schnabel
Ruling:
Partial summary judgment in fraudulent transfer proceeding granted in favor of transfereewho met the securities safe harbor requirements. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on March 30,2020, LexisNexis #0520-042
Mar
03
2020
Tribune Media Co., In re
Ruling:
Debtors' objection to defamation claims sustained absent showing that published article wasdefamatory or false. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on March 03,2020, LexisNexis #0420-059
Feb
28
2020
In re PES Holdings, LLC v. Official Comm. of Unsecured Creditors of PES, Inc
Ruling:
A perfected security interest in insurance proceeds collected post-petition for repetition losswas not avoidable. (Bankr. D. Del.)
Court: 3rd Circuit ( ) [ Bankruptcy Court ]
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Commercial case opionion summary, case decided on February 28,2020, LexisNexis #0420-044
Feb
04
2020
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
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