- 11 U.S.C.
First Guar. Mortg. Corp., In re
Dec
27
2023
Ruling
Beneficiaries of consensual third-party release were not entitled to contempt sanctions whereFalse Claims Act claim filed by a relator did not violate the terms of the Chapter 11 plan.(Bankr. D. Del.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.
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Apex Brittany MO, LP, In re
Nov
27
2023
Ruling
Debtor could not raise arguments against filing injunction on remand to the bankruptcy courtwhen those issues should have been raised in the appeal to the district court. (Bankr. D. Del.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Apex Brittany MO, LP, In re
Nov
27
2023
Ruling
Debtor could not raise arguments against filing injunction on remand to the bankruptcy courtwhen those issues should have been raised in the appeal to the district court. (Bankr. D. Del.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
:
- 11 U.S.C.
Miller v. Mott
Oct
04
2023
Ruling
Claims for imposition of constructive trust and award of attorneys’ fees in fraudulentconveyance proceeding dismissed. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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JAB Energy Sols., II, LLC, In re
Sep
18
2023
Ruling
Liquidating trustee's error in bringing a proceeding by motion was harmless as there was nodispute that the objector, the debtor's parent company, received notice of the proceeding.(Bankr. D. Del.)
Issue(s)
Scope of Rules of Part VII.
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Maxus Energy Corp., In re
Aug
28
2023
Ruling
Amended proof of claim disallowed as it was broader than creditor's original proof of claim,which would not have put other parties on notice of the full extent of the claim. (Bankr. D. Del.)
Issue(s)
Amended and Supplemental Pleadings.
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Court
:
- 11 U.S.C.
AP Orangevale, LLC, In re
Aug
08
2023
Ruling
Landlord was entitled to relief from the automatic stay to continue an unlawful detainer actionagainst the debtor where both had colorable claims as to whether the lease had expired. (Bankr.D. Del.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Promise Healthcare Grp., LLC, In re--Michaelson v. L.A. Downtown Med. Ctr., LLC
Jul
11
2023
Ruling
Bankruptcy court's authority to enforce its prior sale order fell within "arising in" jurisdiction.(Bankr. D. Del.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In
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:
- 11 U.S.C.
Real Est. Partners, LLC v. Summit Healthcare REIT, Inc. (In re Healthcare Real Est. Partners, LLC, hcare--Heal
May
12
2023
Ruling
Debtor's aggregate recovery was limited to $75,000 as any fees in excess of that amount were attributable to debtor's unreasonable failure to respond timely to the involuntary petition. (Bankr. D. Del.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.
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Arsenal Intermediate Holdings, LLC, In re
Apr
26
2023
Ruling
Bankruptcy court would not authorize the debtors to inform creditors that they would be deemed to consent to third-party release unless they opted out one week before the confirmation hearing. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan; Exception
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Court
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