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Delaware

Wash. Mut., Inc., In re--WMI Liquidating Trust v. Bozzuti

Ruling: 
Executive employees’ claims barred by Federal Deposit Insurance Corporation determinations.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 01,2019, LexisNexis #0319-030

Kauker, In re

Ruling: 
Objection to debtors' exemption of real property was overruled as the property had been heldby debtors as tenants by the entireties before they transferred it to a trust more than a decadeprior to the filing of their bankruptcy petition. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on January 25,2019, LexisNexis #0319-033

W.J. Bradley Mortg. Capital, LLC, In re--Miller v. Bradley

Ruling: 
Defendants' motions to dismiss denied in part where trustee failed to plead actual fraud as hemerely parroted the language of section 548(a)(1)(A) without providing any specific factualallegations. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 01,2019, LexisNexis #0319-040

LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the State of Pa.

Ruling: 
Court denied summary judgment on trustee's claim seeking to recover contract payments fromnon-bonded projects as there was a genuine dispute of material fact as to whether reasonablyequivalent value or consideration was received for the transfers. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 04,2019, LexisNexis #0319-041

Nedelka, In re--Nedelka v. IRS

Ruling: 
Discharge order did not discharge tax debts as the debtors' tax return was filed the same year in which the debtors filed their bankruptcy. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on December 20,2018, LexisNexis #0119-105

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

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