Delaware

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

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

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

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

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

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

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

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

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

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

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