Delaware

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

La Paloma Generating, Co., In re

Ruling: 
Tax dispute was dismissed because of California State Board of Equalization's immunityfrom suit in federal court as established by the Eleventh Amendment. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 25,2018, LexisNexis #0918-008

Syntax-Brillian Corp., In re

Ruling: 
Trustee authorized to destroy or otherwise dispose of the unnecessary books and records of the debtors and the trusts. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 18,2018, LexisNexis #0818-109

Pennysaver USA Publ'g, LLC, In re--Beskrone v. OpenGate Capital Grp.

Ruling: 
Court denied the constructive fraudulent transfer claim in part as trustee has met the pleadingrequirements and has given the defendants fair notice and trustee has alleged sufficientlyboth state and federal actual transfer claims. (Bankr. D. Del)
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Commercial case opionion summary, case decided on July 11,2018, LexisNexis #0818-076

Katy Indus., In re--Official Comm. of Unsecured Creditors of Katy Indus. v. Victory Park Capital Advisors, LLC

Ruling: 
Motion to dismiss granted where there was no plausible claim that the sale process wasimpaired and creditor failed to state a claim upon which relief could be granted. (Bankr. D.Del.)
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Commercial case opionion summary, case decided on July 06,2018, LexisNexis #0818-066

Pennysaver USA Publ'g, LLC, In re

Ruling: 
Bankruptcy court has proper subject-matter jurisdiction over chapter 7 trustee's attempt to recover disputed prepetition accounts receivable as part of a chapter 7 liquidation. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 02,2018, LexisNexis #0818-057

LTC Holdings, Inc., In re--Superior Contr. Grp. Inc, v. Rachmale

Ruling: 
Subject matter jurisdiction found where "related to" jurisdiction was satisfied under both theindemnification provision's coverage and superior's attempt to pierce the corporate veil.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on June 12,2018, LexisNexis #0718-088

Penson Worldwide, In re--Penson Techs. LLC v. Schonfeld Grp. Holdings LLC

Ruling: 
Court had jurisdiction to hear LLC's adversary proceeding as the case was, at its heart, an objection to a proof of claim. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on May 21,2018, LexisNexis #0618-118

Burton, In re

Ruling: 
Value of debtor's vehicle should be the price a retail merchant would charge for property of that kind considering the age and condition of the property as debtor's intended use was personal. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-100

RCS Capital Corp., In re--RCS Creditor Trust v. Schulte Roth & Zabel LLP

Ruling: 
Court denied debtor's motion to transfer venue as it had not carried its burden to show thattransfer was appropriate by a preponderance of the evidence. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on May 17,2018, LexisNexis #0618-088

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