- 28 U.S.C.
Exide Techs., In re
Jan
09
2020
Ruling
Debtor's motion to reduce quarterly fees owed to the United States Trustee was denied as thefees were constitutional. (Bankr. D. Del.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.
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Court
:
- 11 U.S.C.
Managed Storage Int'l, Inc., In re
Apr
17
2019
Ruling
Stipulations and releases approved given the strength of debtor’s ordinary course of businessdefense to avoidance proceeding. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
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Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.
Aug
22
2018
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.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.
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Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.
Aug
22
2018
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.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.
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Court
:
- 28 U.S.C.
RCS Capital Corp., In re--RCS Creditor Trust v. Schulte Roth & Zabel LLP
May
17
2018
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.)
Issue(s)
Change of Venue.
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AmCad Holdings, LLC, In re--Gavin Solmonese, LLC v. Shyamsundar
Nov
29
2017
Ruling
Liquidating trustee allowed to recover preferential transfers as large payments and payoutsby the debtor to its members led to insolvency. (Bankr. D. Del.)
Issue(s)
Preferences; Presumption of Insolvency.
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TSAWD Holdings, Inc., In re--O2Cool, LLC v. TSA Stores, Inc.
Sep
20
2017
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.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
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AmCad Holdings, LLC, In re--Gavin Solmonese, LLC v. Shyamsundar
Apr
07
2017
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers.
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Court
:
- 11 U.S.C.
In re Reichold Holdings US, Inc.
Aug
24
2016
Ruling
Reclamation claim allowed as superior to debtor in possession lender’s lien rights. (Bankr. D.Del.)
Issue(s)
Was reclamation claim subordinate to debtor in possession lender’s lien rights?
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Court
:
- 11 U.S.C.
GSE Envtl., Inc v. Sorrentino (In re GSE Envtl., Inc.)
Jul
18
2016
Ruling
As entity’s stock-based compensation was an equity security it was not a creditor and couldnot assert a claim. (Bankr. D. Del.)
Issue(s)
Was claim based on stock-based compensation actually an equity security?
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