- 11 U.S.C.
Fred's Inc., In re--FI Liquidating Trust v. C.H. Robinson Co., Inc.
Jan
15
2025
Ruling
Payments were preferential transfers not covered by the ordinary course of business defense due to credit pressure exerted against the debtor. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business; Made According to Ordinary Business Terms.
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Court
:
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.
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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.
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Court
:
- 28 U.S.C.
Nobilis Health Corp., In re--Giuliano v. Fleming
Jun
12
2024
Ruling
Breach of fiduciary duty claims against debtors' former officers and directors were corematters only as to defendants against whom equitable subordination was sought. (Bankr. D.Del.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
:
- 11 U.S.C.
Allegiance Coal USA Ltd., In re
Jun
06
2024
Ruling
Creditor's objection to allowance of fees in administratively insolvent case that was to bedismissed was rejected. (Bankr. D. Del.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
Allegiance Coal United States, In re
Mar
28
2024
Ruling
Order compelling the payment of secured creditor's legal fees before distrbutions to thebeneficiaries of the DIP carve-out was not warranted. (Bankr. D. Del.)
Issue(s)
Obtaining Credit.
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:
Yellow Corp., In re
Mar
27
2024
Ruling
Pension funds' motions for relief from stay to compel arbitration were denied absent authorityfor the court to do so. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Disallowance.
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Court
:
- 11 U.S.C.
AP Orangevale, LLC, In re
Feb
21
2024
Ruling
Motion for relief from the stay was denied as the declaratory judgment action that the creditorsought to assert against the debtor was subject to the automatic stay. (Bankr. D. Del.)
Issue(s)
Automatic Stay; Scope; Commencement or Continuation of Proceedings Against
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Court
:
- 11 U.S.C.
Pack Liquidating, LLC, In re
Feb
02
2024
Ruling
Bankruptcy court could authorize a creditors’ committee to bring a breach of fiduciary dutyaction against members and officers of debtor LLC notwithstanding state law to the contrary.(Bankr. D. Del.)
Issue(s)
Powers and Duties of Committees; General Powers; Performance of Other Services.
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Court
:
- 11 U.S.C.
Team Sys. Int'l, LLC, In re
Feb
01
2024
Ruling
Trustee was entitled to retain a particular law firm as general bankruptcy counsel as theobjecting defendants lacked standing to object to the retention. (Bankr. D. Del.)
Issue(s)
Employment of Professional Persons.
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Court
: