Welded Constr., L.P., In re--Welded Constr., L.P. v. The Williams Cos.
Oct
16
2019
Ruling
Failure to pay disputed contract debt did not satisfy the affirmative act requirement necessaryfor an automatic stay violation. (Bankr. D. Del.)
Issue(s)
Automatic Stay; Scope.
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Court
:
Heritage Home Grp. LLC, In re
Sep
27
2018
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.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.
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Green Field Energy Servs., In re--Halperin v. Moreno
Sep
12
2018
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.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property.
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Court
:
- 11 U.S.C.
Digital Networks N. Am., Inc., In re--Miller v. D&M Holdings US Inc.
Aug
13
2018
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.)
Issue(s)
Setoff.
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Court
:
- 11 U.S.C.
Calrissian LP, In re
Aug
10
2018
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.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Loss or Diminution of Estate.
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Court
:
- 11 U.S.C.
NewPage Corp., In re--PIRINATE Consulting Grp., LLC v. ERCO Worldwide
Apr
03
2018
Ruling
Litigation trustee was entitled to avoid a debtor's pre-petition transfer to defendant where contract had expired before the effective date and could not have been assumed by the debtor. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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Court
:
- 11 U.S.C.
Thane Int'l, Inc., In re--Stanley Jacobs Prod., Ltd. v. 9472541 Can. Inc.
Feb
21
2018
Ruling
Executory contract that was neither affirmatively assumed nor rejected was not included andassigned in sale transaction. (Bankr. D. Del.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption.
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Green Field Energy Servs., In re--Halperin v. Moreno
Jan
24
2018
Ruling
Defendants could not be granted summary judgment on a preferential claim as funds werecommingled and could not be traced. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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Green Field Energy Servs., In re--Halperin v. Moreno
Jan
24
2018
Ruling
Defendants could not be granted summary judgment on a preferential claim as funds werecommingled and could not be traced. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Simplexity, LLC, In re--Simplexity, LLC v. Sprint Corp.
Dec
05
2017
Ruling
Court allowed defendant to offset its total preference exposure to the extent that it later provided the debtor with "new value." (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value.
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