Rental Car Intermediate Holdings LLC, In re--Wells Fargo Bank, N.A. v. U.S. Bank N.A.
Jan
02
2025
Ruling
Indenture trustees’ request for bond to cover noteholders' disputed claims denied as it would improperly modify confirmed plan post-substantial consummation and result in preferential treatment. (Bankr. D. Del.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.
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Court
:
Center City Healthcare, LLC v. Medline Indus. (Ctr. City Healthcare, LLC)
Aug
27
2024
Ruling
Transferee was granted summary judgment on preferential transfer claims where a portion of the alleged preferential transfers was made according to ordinary business terms in the industry. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance.
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Court
:
- 11 U.S.C.
OPP Liquidating Co., In re--Buchwald Cap. Advisors LLC v. Schoen
Apr
09
2024
Ruling
Claims for breach of fiduciary duty that took place three years before the petition date weretime barred despite post-petition extension due to provisions of state fraudulent concealmentlaw. (Bankr. D. Del.)
Issue(s)
Extension of Time; Commencement of Action by Trustee; Post Relief Order.
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Center City Healthcare, LLC, In re--Center City Healthcare, LLC v. Medline Indus.
Nov
28
2023
Ruling
Leave to file an amended complaint to add an additional avoidable transfer denied as the factsin the case did not support allowing the amendment to relate back to the original complaint.(Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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AIG Fin. Prods. Corp., In re
May
10
2023
Ruling
Dismissal of debtor's Chapter 11 case for cause was not warranted as debtor was in financial distress and its bankruptcy filing served a valid reorganizational purpose. (Bankr. D. Del.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Northeast Gas Generation, LLC
Mar
18
2022
Ruling
Court denied motion to reopen debtor’s Chapter 11 case to make even a small modificationdenied as the plan had been substantially consumated. (Bankr. D. Del.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.
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Court
:
- 11 U.S.C.
Bluestem Brands, Inc., In re
Jul
27
2021
Ruling
Claim arising from goods physically received and sold by debtors post-petition warrantedadministrative status. (Bankr. D. Del.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate
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Court
:
- 11 U.S.C.
SGR Winddown, Inc., In re
Jan
08
2021
Ruling
Debtors' claim objection was sustained as the commercial rent tax at issue was not an excisetax but was instead a personal property tax on the debtors' ownership interest in the lease.(Bankr. D. Del.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims.
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Forever 21, Inc., In re--Allied Dev. of Ala. LLC v. Forever 21, Inc.
Oct
07
2020
Ruling
Creditors could file an adversary proceeding against debtors without violating the automaticstay. (Bankr. D. Del.)
Issue(s)
Scope of Rules of Part VII.
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Nilhan Developers, LLC, In re
Aug
17
2020
Ruling
Film license agreement between debtor and Netflix did not revert to producers followingrejection and termination of distribution agreement. (Bankr. D. Del.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.
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