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
Sep
26
2018
Sevastakis, In re--Coluccio v. Sevastakis
Ruling:
Debt was nondischargeable where debtor knowingly misrepresented his qualifications andobligations under the contract with the intent to deceive the township and plaintiffs. (Bankr.D.N.J.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-013
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
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