Judge Gross

Digital Networks N. Am., Inc., In re--Miller v. D&M Holdings US Inc.

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.)
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Commercial case opionion summary, case decided on August 13,2018, LexisNexis #0918-109

Calrissian LP, In re

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.)
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Commercial case opionion summary, case decided on August 10,2018, LexisNexis #0918-114

NewPage Corp., In re--PIRINATE Consulting Grp., LLC v. ERCO Worldwide

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.)
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Commercial case opionion summary, case decided on April 03,2018, LexisNexis #0518-047

Thane Int'l, Inc., In re--Stanley Jacobs Prod., Ltd. v. 9472541 Can. Inc.

Ruling: 
Executory contract that was neither affirmatively assumed nor rejected was not included andassigned in sale transaction. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 21,2018, LexisNexis #0418-009

Green Field Energy Servs., In re--Halperin v. Moreno

Ruling: 
Defendants could not be granted summary judgment on a preferential claim as funds werecommingled and could not be traced. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 24,2018, LexisNexis #0318-018

Green Field Energy Servs., In re--Halperin v. Moreno

Ruling: 
Defendants could not be granted summary judgment on a preferential claim as funds werecommingled and could not be traced. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 24,2018, LexisNexis #0318-018

Simplexity, LLC, In re--Simplexity, LLC v. Sprint Corp.

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.)
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Commercial case opionion summary, case decided on December 05,2017, LexisNexis #0118-045

NephroGenex, Inc., In re

Ruling: 
Investment banking firm's request for allowance of compensation and reimbursement of expenses granted where court concluded that firm earned its success fee. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 26,2017, LexisNexis #0917-035

Nortel Networks, Inc., In re

Ruling: 
Court denied the motion to amend and ruled that the proposed claims were filed much toolate and for way too much such as to be substantially different from the original claims.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on June 29,2017, LexisNexis #0817-029

Green Field Energy Servs., In re--Halperin v. Moreno

Ruling: 
Court denied defendant's motion to stay an adversary proceeding indefinitely as it would do a great disservice to the trustee, creditors, and to the administration of the case. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on June 23,2017, LexisNexis #0717-114

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