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judge silverstein

BSA, In re

Ruling
Court approved the creation of a settlement trust with sexual abuse victims and other majorcomponents of the debtor's Chapter 11 plan. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan; Requirements; Plan Compliance with Title 11.

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Commercial opinion summary, case decided on July 29, 2022 , LexisNexis #0922-069

Livingston, In re

Ruling
Motion to dismiss debtors' bankruptcy case was denied as the presumption of abuse did notexist and totality of the circumstances of the debtors' financial situation did not demonstrateabuse. (Bankr. D. Del.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on March 29, 2022 , LexisNexis #0522-063

Wolfson, In re--Wolfson v. DeVos

Ruling
Student loan debt was dischargeable as repayment would have imposed an undue hardshipand debtor's continual search for gainful employment demonstrated good faith. (Bankr. D. Del.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on January 14, 2022 , LexisNexis #0322-011

Imerys Talc Am., Inc., In re

Ruling
Motion to change the votes of a law firm's clients from votes to reject the plan to votes toaccept the plan was improper given questions as to whether any of the firm's clients had aclaim against any debtor. (Bankr. D. Del.)
Issue(s)
Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11

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Commercial opinion summary, case decided on October 13, 2021 , LexisNexis #1221-050

United Tax Grp., LLC, In re--Miller v. Welke

Ruling
Transfers were shielded from avoidance by the ordinary course of business defense. (Bankr. D.Del.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.

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Commercial opinion summary, case decided on September 02, 2021 , LexisNexis #1021-093

GUE Liquidation Cos., In re

Ruling
Corporate creditors are not entitled to priority for prepetition wage claims. (Bankr. D. Del.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

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Commercial opinion summary, case decided on March 26, 2021 , LexisNexis #0521-034

GUE Liquidation Cos., In re

Ruling
Corporate creditors are not entitled to priority for prepetition wage claims. (Bankr. D. Del.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

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Commercial opinion summary, case decided on March 26, 2021 , LexisNexis #0521-034

Goldfeder, In re

Ruling
Objection to debtor's claim of exemption was denied where objecting bank did not satisfy itsburden of proof to show that the homestead exemption was improperly claimed. (Bankr. D.Del.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on October 26, 2020 , LexisNexis #1220-049

United Tax Grp., LLC, In re

Ruling
Removal of the trustee was denied as the court could not conclude that the trustee’sstatements were false and made with intent to deceive the court as alleged. (Bankr. D. Del.)
Issue(s)
Removal of Trustee or Examiner.

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Commercial opinion summary, case decided on October 19, 2020 , LexisNexis #1220-002

SureFunding, LLC, In re

Ruling
Chapter 11 case filed under threat of receivership was not filed in good faith. (Bankr. D. Del.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on June 03, 2020 , LexisNexis #0720-068