3rd Circuit

NewPage Corp., In re--PIRINATE Consulting Grp., LLC v. ERCO Worldwide

Ruling: 
Litigation trustee was entitled to avoid a debtor's pre-petition transfer to defendant where contract had expired before the effective date and could not have been assumed by the debtor. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on April 03,2018, LexisNexis #0518-047

Kayati, In re

Ruling: 
Recusal motion was denied where debtor failed to raise any factual allegations indicating anybias or perceived bias. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on February 05,2018, LexisNexis #0418-026

Chaparral Energy, Inc., In re

Ruling: 
Reorganized debtors' objection to class action proof of claim was granted. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 09,2018, LexisNexis #0418-030

Manley Toys Ltd., In re

Ruling: 
Court denied creditor's request for stay relief as to allow such would risk violating theequality of distribution of the assets of the debtor as to the other creditors of equal rank.(Bankr. D.N.J.)
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Commercial case opionion summary, case decided on February 23,2018, LexisNexis #0418-005

Thane Int'l, Inc., In re--Stanley Jacobs Prod., Ltd. v. 9472541 Can. Inc.

Ruling: 
Executory contract that was neither affirmatively assumed nor rejected was not included andassigned in sale transaction. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 21,2018, LexisNexis #0418-009

TK Holdings Inc., In re--TK Holdings Inc. v. Hawai'i

Ruling: 
Court ruled that claims brought by the States may be discharged by operation of a confirmed plan of reorganization where debtors' fraud was perpetrated against consumers, not the States. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 14,2018, LexisNexis #0318-112

Manley Toys Ltd., In re

Ruling: 
Court granted liquidators' motion to recognize the Hong Kong proceeding as a foreign main proceeding as liquidation was commenced in Hong Kong rather than the United States. (Bankr. D.N.J.)
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Commercial case opionion summary, case decided on February 13,2018, LexisNexis #0318-115

FBI Wind Down, Inc., In re--FBI Wind Down Inc. Liquidating Trust v. Innovatice Delivery Sys.

Ruling: 
Court granted liquidating trustee's motion for summary judgment in part as transfers met preference elements. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 16,2018, LexisNexis #0318-103

FBI Wind Down, Inc., In re--FBI Wind Down Inc. Liquidating Trust v. All Am. Poly Corp.

Ruling: 
Court denied in part the motion for summary judgment as the level of control enjoyed by the parent debtor left open the possibility of overcoming the presumption that transfers at issue were property of the subsidiary debtors' estates. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 16,2018, LexisNexis #0318-104

Rent-A-Wreck of Am., Inc., In re

Ruling: 
Court granted franchisee's motion to dismiss debtors' chapter 11 cases as record did not demonstrate that debtors were in financial distress at the time the bankruptcy petitions were filed. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 13,2018, LexisNexis #0318-108

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