Mar
15
2023
Kabbage Inc., In re
Ruling:
Temporary injunction against actions by creditors that would undermine the operation of the plan was not inconsistent with the underlying purposes of 1141(d)(3) or 727(a). (Bankr. D. Del.)
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Commercial case opionion summary, case decided on March 15,2023, LexisNexis #0523-001
Feb
22
2023
TPC Grp. Inc., In re
Ruling:
Tort plaintiffs could not pursue pre-petition veil-piercing claims post-confirmation as they were estate causes of action that had been settled and released in the confirmed plan. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 22,2023, LexisNexis #0423-061
Feb
17
2023
Merchant, In re
Ruling:
Sale of certain property of the estate and a compromise in division of sale proceeds was authorized as relief requested in the motion was in the best interests of the debtor's estate, its creditors, and other parties in interest. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on February 17,2023, LexisNexis #0423-057
Jan
13
2023
Decade, S.A.C., LLC, In re--Carickhoff v. Goodwin
Ruling:
Defendants were not precluded from seeking monetary damages based on their prepetitionclaims against the debtors, which would be addressed in the claims administration process.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 13,2023, LexisNexis #0323-050
Jan
06
2023
Town Sports Int'l, LLC, In re--Kennedy Lewis Partners Master Fund LP v. Abry Partners, LLC
Ruling:
Adversary proceeding alleging ordinary breach of contract claims was dismissed for lack ofsubject-matter jurisdiction. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 06,2023, LexisNexis #0323-019
Jan
12
2023
Quorum Health Corp., In re--Varma v. Quorum Health Corp.
Ruling:
Proceeding for revocation of discharge dismissed absent injury-in-fact to creditor and harmthe revocation would likely cause to the other creditors. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 12,2023, LexisNexis #0323-014
Jan
12
2023
Peck, In re
Ruling:
Creditor's objection to confirmation of debtor's Chapter 13 plan overruled as the land did notmeet the requirements of the narrow cramdown exception. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on January 12,2023, LexisNexis #0323-016
Dec
16
2022
Comedymx, LLC, In re
Ruling:
Court held that debtor’s owner’s defiance of district court injunctions was cause for removingthe Subchapter V debtors from possession. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on December 16,2022, LexisNexis #0223-067
Nov
02
2022
Medical Tech. Assocs. II, In re
Ruling:
Automatic stay lifted so that a district court could resolve a pending question of arbitrabilityof the claims surrounding the ownership of certain intellectual property rights. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on November 02,2022, LexisNexis #0123-005
Sep
21
2022
Team Sys. Int'l, LLC, In re
Ruling:
Creditors were not entitled to a second chance to elect a trustee after electing a trustee whowas not eligible. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on September 21,2022, LexisNexis #1122-076
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