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Outer Harbor Terminal, LLC, In re

Ruling
The committee of unsecured creditors was entitled to conduct investigations to determine potential claims against parties not released. (Bankr. D. Del.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.

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Commercial opinion summary, case decided on May 05, 2017 , LexisNexis #0617-057

In re Millennium Lab Holdings II, LLC

Ruling
Bankruptcy court had “arising in” jurisdiction over trustee’s postconfirmation Rule 2004motion. (Bankr. D. Del.)
Issue(s)
Examination.

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Commercial opinion summary, case decided on December 02, 2016 , LexisNexis #0117-028

In re Altegrity, Inc.

Ruling
Litigation brought be truck driver before the Department of Labor did not fall within thepolice powers exception to the automatic stay. (Bankr. D. Del.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.

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Commercial opinion summary, case decided on November 28, 2016 , LexisNexis #1216-096

In re Pacific Sunwear of Cal., Inc.

Ruling
Class claim based on state wage and hour laws allowed. (Bankr. D. Del.)
Issue(s)
Should class proof of claim based on state wage and hour laws be allowed?

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Commercial opinion summary, case decided on August 08, 2016 , LexisNexis #0916-007

In re Pacific Sunwear of Cal., Inc.

Ruling
Class proofs of claim under California labor laws allowed except with regard to creditors whowere not in the general unsecured creditor class. (Bankr. D. Del.)
Issue(s)
Should class proofs of claim under California labor laws be allowed?

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Commercial opinion summary, case decided on June 22, 2016 , LexisNexis #0816-070

In re Diamondhead Casino Corp.

Ruling
Involuntary case brought by noteholders and shareholders of debtor casino to collect debt and replace directors after losing a proxy fight dismissed as filed for an improper purpose.
Issue(s)
Should involuntary case be dismissed as not filed for a proper bankruptcy purpose?

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Commercial opinion summary, case decided on June 07, 2016 , LexisNexis #0716-092

In re F-Squared Inv. Mgmt. LLC

Ruling
Debtor granted relief from stay to file a motion to dismiss a securities class action.
Issue(s)
Was debtor entitled to relief from stay to defend a securities class action?

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Commercial opinion summary, case decided on March 18, 2016 , LexisNexis #0416-076

In re Diamondhead Casino Corp.

Ruling
Appointment of interim trustee in chapter 7 case not justified.
Issue(s)
Should an interim chapter 7 trustee be appointed in an involuntary case during the "gap period" to preserve the property of the estate or to prevent loss to the estate?

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Commercial opinion summary, case decided on November 13, 2015 , LexisNexis #0116-004

In re Hipcricket Inc.

Ruling
Investment banker entitled to success fee in accordance with retention agreement.
Issue(s)
Was an investment bank retained by the estate entitled to a success fee?

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Commercial opinion summary, case decided on September 29, 2015 , LexisNexis #1015-108

In re Scarborough-St. James Corp.

Ruling
Case dismissed given lack of likelihood of rehabilitation after debtor surrendered shopping center to landlord.
Issue(s)
Should chapter 11 case be dismissed due to a lack of likelihood of rehabilitation once debtor surrendered its shopping center to landlord?

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Commercial opinion summary, case decided on September 24, 2015 , LexisNexis #1015-099