- 11 U.S.C.
Peck, In re
Jan
12
2023
Ruling
Creditor's objection to confirmation of debtor's Chapter 13 plan overruled as the land did notmeet the requirements of the narrow cramdown exception. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Samson Res. Corp., In re--Kravitz v. Samson Energy Co., LLC
Aug
04
2022
Ruling
Petition date rather than transfer date determines when a party is a financial participant withrespect to the application of the safe harbor to redemption cash transfers. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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- 11 U.S.C.
RGN-Grp. Holdings, LLC, In re
Feb
17
2022
Ruling
Association's claim for attorneys' fees allowed subject to overall cap on terminationdamages. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.
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- 11 U.S.C.
Robinson, In re--Robinson v. U.S. Bank, N.A.
Nov
29
2021
Ruling
Bank's second mortgage lien against the debtor's primary residence could be "stripped off".(Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Pedicone, In re--Pedicone v. Ajax Mortgage Loan Trust 2018-F
Nov
23
2021
Ruling
Cram-down of debtor's mortgage was barred because the creditor's claim was secured by thedebtor's primary residence. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions.
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- 11 U.S.C.
Revelle, In re
Aug
18
2021
Ruling
Debtors' claim objection was sustained in part as creditor's secured claim fell within§1322(c)(2) and could be bifurcated under § 1325(a)(5). (Bankr. D. Del.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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- 11 U.S.C.
Tribune Media Co., In re
Jun
25
2021
Ruling
Indenture trustee’s claim allowed only to the extent required to reimburse the trustee forprofessional fees and costs. (Bankr. D. Del.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Actual and
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Consolidated Bedding, Inc., In re
Jun
25
2021
Ruling
Trustee's cross-motion to enforce intercreditor agreement and subordinate junior securedcreditor’s claim was granted. (Bankr. D. Del.)
Issue(s)
Subordination; Enforceability of Subordination Agreement.
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- 28 U.S.C.
Storage, Inc.
Jul
15
2020
Ruling
Motion to dismiss in favor of arbitration denied where bankruptcy court had sole andexclusive jurisdiction to authorize sale of assets. (Bankr. D. Del.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings;
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- 11 U.S.C.
Tribune Media Co., In re
Mar
03
2020
Ruling
Debtors' objection to defamation claims sustained absent showing that published article wasdefamatory or false. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.
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