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JLM Couture, Inc., In re

Ruling
Monthly treble damages provision was a penalty and would not be enforced as the debtorpresented evidence of the fair market monthly rental rate for the premises (Bankr. D. Del.)
Issue(s)
Executory Contracts and Unexpired Leases.

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Commercial opinion summary, case decided on May 09, 2024 , LexisNexis #0724-055

Alecto Healthcare Servs., LLC, In re

Ruling
Plan confirmed as it met the feasibility requirements and debtor carried its burden ofdemonstrating that there was a reasonable likelihood that the debtor would be able to makeall payments under the plan. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan; Rule of Construction; Requirements as of Effective Date of

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Commercial opinion summary, case decided on March 20, 2024 , LexisNexis #0524-046

JLM Couture, Inc., In re

Ruling
Debtor was not obligated to pay monthly treble damages as the debtor was not required totimely perform obligations arising between the order for relief and assumption or rejection ofa lease. (Bankr. D. Del.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee

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Commercial opinion summary, case decided on February 29, 2024 , LexisNexis #0824-085

DeCurtis Holdings LLC, In re

Ruling
Equitable subordination claim failed absent plausible allegations that the LLC was an insideror engaged in inequitable conduct. (Bankr. D. Del.)
Issue(s)
Subordination; Equitable Subordination; Allowed Claims.

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Commercial opinion summary, case decided on August 14, 2023 , LexisNexis #1023-032

DeCurtis Holdings LLC, In re--Carnival Corp. v. DeCurtis Holdings LLC

Ruling
Debtor software developer enjoined from sale, disclosure, or use of the creditor client'sintellectual property as incorporated into software assets. (Bankr. D. Del.)
Issue(s)
Use, Sale, or Lease of Property.

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Commercial opinion summary, case decided on August 09, 2023 , LexisNexis #1023-009

Decade, S.A.C., LLC, In re--Carickhoff v. Goodwin

Ruling
Defendants were not precluded from seeking monetary damages based on their prepetitionclaims against the debtors, which would be addressed in the claims administration process.(Bankr. D. Del.)
Issue(s)
Counterclaim and Cross-Claim.

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Commercial opinion summary, case decided on January 13, 2023 , LexisNexis #0323-050