Feb
01
2019
Wash. Mut., Inc., In re--WMI Liquidating Trust v. Bozzuti
Ruling:
Executive employees’ claims barred by Federal Deposit Insurance Corporation determinations.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 01,2019, LexisNexis #0319-030
Jan
25
2019
Kauker, In re
Ruling:
Objection to debtors' exemption of real property was overruled as the property had been heldby debtors as tenants by the entireties before they transferred it to a trust more than a decadeprior to the filing of their bankruptcy petition. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on January 25,2019, LexisNexis #0319-033
Feb
01
2019
W.J. Bradley Mortg. Capital, LLC, In re--Miller v. Bradley
Ruling:
Defendants' motions to dismiss denied in part where trustee failed to plead actual fraud as hemerely parroted the language of section 548(a)(1)(A) without providing any specific factualallegations. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 01,2019, LexisNexis #0319-040
Feb
04
2019
LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the State of Pa.
Ruling:
Court denied summary judgment on trustee's claim seeking to recover contract payments fromnon-bonded projects as there was a genuine dispute of material fact as to whether reasonablyequivalent value or consideration was received for the transfers. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 04,2019, LexisNexis #0319-041
Dec
20
2018
Nedelka, In re--Nedelka v. IRS
Ruling:
Discharge order did not discharge tax debts as the debtors' tax return was filed the same year in which the debtors filed their bankruptcy. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on December 20,2018, LexisNexis #0119-105
Oct
05
2018
Woodbridge Grp. of Cos., LLC, In re--De La Rochelle v. In re Woodbridge Grp. of Cos., LLC
Ruling:
Claim dismissed as even if the plaintiffs could establish a right for imposition of a constructive trust or equitable lien against debtor's property, the debtor could avoid any such equitable interest pursuant to the strong-arm powers of the bankruptcy code. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 05,2018, LexisNexis #1118-077
Sep
19
2018
Gifford, In re--N.J., Dep't of Labor & Workforce Div. of Unemployment & Disability Ins. v. Gifford
Ruling:
Debt was nondischargeable as debtor made misrepresentations to the creditor when she certified her eligibility for unemployment benefits and failed to properly and adequately disclose her part-time wages from a bank. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on September 19,2018, LexisNexis #1118-043
Sep
27
2018
Heritage Home Grp. LLC, In re
Ruling:
Trustee's objection to debtor's motion to hire another LLC was overruled as evidence supported that the LLC was not an auctioneer but a consultant and debtor used good business judgment in selecting the LLC. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on September 27,2018, LexisNexis #1118-030
Sep
26
2018
Suh, In re
Ruling:
Debtor's motion to disallow claim denied where the city held a pre-petition claim and debtor'sequitable grounds were without merit as there was no stay violation and no basis for estoppel.(Bankr. D.N.J.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-027
Oct
01
2018
Brookstone Holdings Corp., In re
Ruling:
LLC was not a professional for the purposes of bankruptcy code § 327(a) as it was not actingas an auctioneer nor an "other professional" when it provided services to the debtor pursuantto their agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #1118-005
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