Judge Walrath

Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.

Ruling: 
Trustee's motion for summary judgment denied where he simply concluded that the entitiesas a whole were insolvent and failed to provide evidence of the solvency of each subsidiary.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-021

Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.

Ruling: 
Trustee's motion for summary judgment denied where he simply concluded that the entitiesas a whole were insolvent and failed to provide evidence of the solvency of each subsidiary.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-021

RCS Capital Corp., In re--RCS Creditor Trust v. Schulte Roth & Zabel LLP

Ruling: 
Court denied debtor's motion to transfer venue as it had not carried its burden to show thattransfer was appropriate by a preponderance of the evidence. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on May 17,2018, LexisNexis #0618-088

AmCad Holdings, LLC, In re--Gavin Solmonese, LLC v. Shyamsundar

Ruling: 
Liquidating trustee allowed to recover preferential transfers as large payments and payoutsby the debtor to its members led to insolvency. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on November 29,2017, LexisNexis #0118-023

TSAWD Holdings, Inc., In re--O2Cool, LLC v. TSA Stores, Inc.

Ruling: 
Debtor's motion for summary judgment granted because the stop shipment notices were not effective to stop shipment and the goods became property of the estate when they were delivered to debtor's stores. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on September 20,2017, LexisNexis #1017-106

AmCad Holdings, LLC, In re--Gavin Solmonese, LLC v. Shyamsundar

Ruling: 
Court dismissed Amended Complaint in part were further amendment would be futile, a waste of judicial resources, and would cause defendant to continue incurring defense costs and expenses. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on April 07,2017, LexisNexis #0517-053

AFA Inv. Inc. v. Dale T. Smith & Sons Meat Packing Co. (In re AFA Inv. Inc.)

Ruling: 
Preferential transfer avoided given failure of the ordinary course of business defense. (Bankr.D. Del.)
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Commercial case opionion summary, case decided on March 09,2016, LexisNexis #1016-058

In re Reichold Holdings US, Inc.

Ruling: 
Reclamation claim allowed as superior to debtor in possession lender’s lien rights. (Bankr. D.Del.)
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Commercial case opionion summary, case decided on August 24,2016, LexisNexis #1016-024

GSE Envtl., Inc v. Sorrentino (In re GSE Envtl., Inc.)

Ruling: 
As entity’s stock-based compensation was an equity security it was not a creditor and couldnot assert a claim. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 18,2016, LexisNexis #0816-091

Gavin Solmonese LLC v. Shyamsundar (In re AmCad Holdings LLC)

Ruling: 
Postconfirmation proceeding dismissed for lack of “related to” jurisdiction.
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Commercial case opionion summary, case decided on June 14,2016, LexisNexis #0716-116

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