Jan
08
2021
SGR Winddown, Inc., In re
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.)
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Commercial case opionion summary, case decided on January 08,2021, LexisNexis #0221-057
Oct
07
2020
Forever 21, Inc., In re--Allied Dev. of Ala. LLC v. Forever 21, Inc.
Ruling:
Creditors could file an adversary proceeding against debtors without violating the automaticstay. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 07,2020, LexisNexis #1120-075
Aug
17
2020
Nilhan Developers, LLC, In re
Ruling:
Film license agreement between debtor and Netflix did not revert to producers followingrejection and termination of distribution agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 17,2020, LexisNexis #0920-082
Jan
09
2020
Exide Techs., In re
Ruling:
Debtor's motion to reduce quarterly fees owed to the United States Trustee was denied as thefees were constitutional. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 09,2020, LexisNexis #0220-074
Apr
17
2019
Managed Storage Int'l, Inc., In re
Ruling:
Stipulations and releases approved given the strength of debtor’s ordinary course of businessdefense to avoidance proceeding. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on April 17,2019, LexisNexis #0719-019
Aug
22
2018
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
Aug
22
2018
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
May
17
2018
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
Nov
29
2017
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
Sep
20
2017
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
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