Sep
12
2018
Green Field Energy Servs., In re--Halperin v. Moreno
Ruling:
Trustee could not recover any portion of preferential transfers from debtor's CEO as he failed to establish that he was an ultimate beneficiary where there was no evidence that CEO received an actual benefit from the transfers or that he had access to the transfers. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on September 12,2018, LexisNexis #1018-105
Aug
30
2018
Culp, In re
Ruling:
Insurance proceeds received by debtors constituted property of the estate as the debtors were owners of the property and the insurance policy prepetition and were also beneficiaries under the policy. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-049
Aug
22
2018
Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.
Ruling:
Trustee's motion for summary judgment denied where he simply concluded that the entitiesas a whole were insolvent and failed to provide evidence of the solvency of each subsidiary.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-021
Aug
22
2018
Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.
Ruling:
Trustee's motion for summary judgment denied where he simply concluded that the entitiesas a whole were insolvent and failed to provide evidence of the solvency of each subsidiary.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-021
Aug
13
2018
Digital Networks N. Am., Inc., In re--Miller v. D&M Holdings US Inc.
Ruling:
Trustee’s complaint seeking to avoid a pre-petition setoff was dismissed for trustee's failure to plead a § 553 insufficiency claim. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 13,2018, LexisNexis #0918-109
Aug
10
2018
Calrissian LP, In re
Ruling:
Court converted the case to one under chapter 7 with the caveat that trustee should not hesitate to determine that the case was not warranted if she did not believe she could make a strong case or if she was unable to secure contingency counsel or funding. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 10,2018, LexisNexis #0918-114
Aug
01
2018
Energy Future Holdings Corp., In re
Ruling:
Debtor was not entitled to an administrative expense claim as it was barred by the unambiguous, plain language of the merger agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-041
Jul
25
2018
La Paloma Generating, Co., In re
Ruling:
Tax dispute was dismissed because of California State Board of Equalization's immunityfrom suit in federal court as established by the Eleventh Amendment. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 25,2018, LexisNexis #0918-008
Jul
18
2018
Syntax-Brillian Corp., In re
Ruling:
Trustee authorized to destroy or otherwise dispose of the unnecessary books and records of the debtors and the trusts. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 18,2018, LexisNexis #0818-109
Jul
20
2018
Melincavage, In re
Ruling:
Relief from stay granted as creditor was not adequately protected because debtor failed to provide the creditor with proof of proper insurance on the vehicle. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-095
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