LLC
Oct
04
2024
Ruling
Committee of unsecured creditors' complaint did not allege facts that would establish that a debtor was a mere conduit for avoidance purposes. (Bankr. D. Del.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property.
ABI Membership is required to access the full summary of LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Shelby, In re
Sep
04
2024
Ruling
Court concluded that a Chapter 7 debtor who has received a discharge may convert to Chapter 13 but the discharge should be set aside upon conversion. (Bankr. E.D. Mo.)
Issue(s)
Conversion; By the Debtor.
ABI Membership is required to access the full summary of Shelby, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Center City Healthcare, LLC v. Medline Indus. (Ctr. City Healthcare, LLC)
Aug
27
2024
Ruling
Transferee was granted summary judgment on preferential transfer claims where a portion of the alleged preferential transfers was made according to ordinary business terms in the industry. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance.
ABI Membership is required to access the full summary of Center City Healthcare, LLC v. Medline Indus. (Ctr. City Healthcare, LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Stimwave Techs. Inc., In re--Perryman v. Stimwave Techs., Inc.
Aug
20
2024
Ruling
Adversary proceeding was dismissed with prejudice as the complaint was filed 300 days earlier and plaintiff did not serve the summons and complaint as required. (Bankr. D. Del.)
Issue(s)
Process; Service of Summons, Complaint.
ABI Membership is required to access the full summary of Stimwave Techs. Inc., In re--Perryman v. Stimwave Techs., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Amerifirst Fin., Inc., In re
Aug
14
2024
Ruling
Creditors failed to assert a colorable claim for fraud and fraudulent inducement as they failedto justify reliance on unspecified promises. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
ABI Membership is required to access the full summary of Amerifirst Fin., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Ellison, In re
Aug
05
2024
Ruling
Court conditionally dismissed Chapter 7 case as abusive based on totality of circumstances.(Bankr. E.D. Mo.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
ABI Membership is required to access the full summary of Ellison, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Port Neches Fuels, LLC, In re--Gentle v. Direct Energy, LP
Jul
18
2024
Ruling
Energy company's motion to dismiss trustee's action seeking to avoid and recover transactionsas preferential transfers denied as demonstrating the availability of the defenses required theconsideration of material outside of the complaint. (Bankr. D. Del.)
Issue(s)
Preferences.
ABI Membership is required to access the full summary of Port Neches Fuels, LLC, In re--Gentle v. Direct Energy, LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
District of Delaware ( ) [ Bankruptcy Court ]
- 11 U.S.C.
Bounty Co.
Jul
16
2024
Ruling
Debtors' claim for avoidance of a preferential transfer was denied as the actual transferoccurred when the defendant later applied the funds for amounts that were then due. (Bankr.D. Del.)
Issue(s)
Preferences.
ABI Membership is required to access the full summary of Bounty Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
JC Farms, LLC, In re
Jul
09
2024
Ruling
Late-filed claim allowed in Chapter 12 case where creditor did not receive notice of claims bardate. (Bankr. E.D. Mo.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Notice to Creditor at Foreign
ABI Membership is required to access the full summary of JC Farms, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
AmeriFirst Fin., Inc., In re
Jun
12
2024
Ruling
Claim reclassified as a general unsecured claim and allowed in reduced amount as the debtordid not meet its burden of disproving the prima facie validity of the claim amount. (Bankr. D.Del.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
ABI Membership is required to access the full summary of AmeriFirst Fin., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: