Feb
04
2019
LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the State of Pa.
Ruling:
Court denied summary judgment on trustee's claim seeking to recover contract payments fromnon-bonded projects as there was a genuine dispute of material fact as to whether reasonablyequivalent value or consideration was received for the transfers. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 04,2019, LexisNexis #0319-041
Aug
01
2018
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
Jul
25
2018
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
Jul
11
2018
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
Jul
02
2018
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
Jun
12
2018
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
Apr
10
2018
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
Feb
16
2018
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
Feb
16
2018
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
Jan
16
2018
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
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