Judge Sontchi

Energy Future Holdings Corp., In re

Ruling: 
Debtor was not entitled to an administrative expense claim as it was barred by the unambiguous, plain language of the merger agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-041

La Paloma Generating, Co., In re

Ruling: 
Tax dispute was dismissed because of California State Board of Equalization's immunityfrom suit in federal court as established by the Eleventh Amendment. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 25,2018, LexisNexis #0918-008

Pennysaver USA Publ'g, LLC, In re--Beskrone v. OpenGate Capital Grp.

Ruling: 
Court denied the constructive fraudulent transfer claim in part as trustee has met the pleadingrequirements and has given the defendants fair notice and trustee has alleged sufficientlyboth state and federal actual transfer claims. (Bankr. D. Del)
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Commercial case opionion summary, case decided on July 11,2018, LexisNexis #0818-076

Pennysaver USA Publ'g, LLC, In re

Ruling: 
Bankruptcy court has proper subject-matter jurisdiction over chapter 7 trustee's attempt to recover disputed prepetition accounts receivable as part of a chapter 7 liquidation. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 02,2018, LexisNexis #0818-057

LTC Holdings, Inc., In re--Superior Contr. Grp. Inc, v. Rachmale

Ruling: 
Subject matter jurisdiction found where "related to" jurisdiction was satisfied under both theindemnification provision's coverage and superior's attempt to pierce the corporate veil.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on June 12,2018, LexisNexis #0718-088

BMT-NW Acquisition, LLC, In re--Stanziale v. Brown-Minneapolis Tank ULC, LLC

Ruling: 
Motion to dismiss fraudulent transfer claim denied in part as trustee pled sufficient facts toshow that debtor received less than reasonably equivalent value for the transfers. (Bankr. D.Del.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-077

FBI Wind Down, Inc., In re--FBI Wind Down Inc. Liquidating Trust v. Innovatice Delivery Sys.

Ruling: 
Court granted liquidating trustee's motion for summary judgment in part as transfers met preference elements. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 16,2018, LexisNexis #0318-103

FBI Wind Down, Inc., In re--FBI Wind Down Inc. Liquidating Trust v. All Am. Poly Corp.

Ruling: 
Court denied in part the motion for summary judgment as the level of control enjoyed by the parent debtor left open the possibility of overcoming the presumption that transfers at issue were property of the subsidiary debtors' estates. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 16,2018, LexisNexis #0318-104

Cal Dive Int'l, In re--Carickhoff v. Occupational Med. Clinics

Ruling: 
Court denied motion to dismiss case based on personal jurisdiction over the defendant as the defendant had sufficient contacts with the United States. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 16,2018, LexisNexis #0218-116

La Paloma Generating, Co., In re

Ruling: 
Purchaser did not have successor liability for the Debtor Emission Surrender Obligations. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on November 09,2017, LexisNexis #1217-035

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