Skip to main content

Page Banner(Taxonomy)

judge walrath

Rental Car Intermediate Holdings LLC, In re--Wells Fargo Bank, N.A. v. U.S. Bank N.A.

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.

ABI Membership is required to access the full summary of Rental Car Intermediate Holdings LLC, In re--Wells Fargo Bank, N.A. v. U.S. Bank N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 02, 2025 , LexisNexis #0325-015

Center City Healthcare, LLC v. Medline Indus. (Ctr. City Healthcare, LLC)

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.

ABI Membership is required to access the full summary of Center City Healthcare, LLC v. Medline Indus. (Ctr. City Healthcare, LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 27, 2024 , LexisNexis #1124-014

OPP Liquidating Co., In re--Buchwald Cap. Advisors LLC v. Schoen

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.

ABI Membership is required to access the full summary of OPP Liquidating Co., In re--Buchwald Cap. Advisors LLC v. Schoen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 09, 2024 , LexisNexis #0624-027

Center City Healthcare, LLC, In re--Center City Healthcare, LLC v. Medline Indus.

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.

ABI Membership is required to access the full summary of Center City Healthcare, LLC, In re--Center City Healthcare, LLC v. Medline Indus. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 28, 2023 , LexisNexis #0124-082

AIG Fin. Prods. Corp., In re

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.

ABI Membership is required to access the full summary of AIG Fin. Prods. Corp., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 10, 2023 , LexisNexis #0723-015

Northeast Gas Generation, LLC

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.

ABI Membership is required to access the full summary of Northeast Gas Generation, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 18, 2022 , LexisNexis #0522-045

Bluestem Brands, Inc., In re

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

ABI Membership is required to access the full summary of Bluestem Brands, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 27, 2021 , LexisNexis #0921-033

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.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims.

ABI Membership is required to access the full summary of SGR Winddown, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 08, 2021 , LexisNexis #0221-057

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.)
Issue(s)
Scope of Rules of Part VII.

ABI Membership is required to access the full summary of Forever 21, Inc., In re--Allied Dev. of Ala. LLC v. Forever 21, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 07, 2020 , LexisNexis #1120-075

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.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

ABI Membership is required to access the full summary of Nilhan Developers, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 17, 2020 , LexisNexis #0920-082