- 28 U.S.C.
Gavin Solmonese LLC v. Shyamsundar (In re AmCad Holdings LLC)
Jun
14
2016
Ruling
Postconfirmation proceeding dismissed for lack of “related to” jurisdiction.
Issue(s)
Whether to dismiss an adversary proceeding commenced by liquidating trustee that asserted claims for breach of fiduciary duty, preferential transfer, and claim disallowance against managers and officers.
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Court
:
- 11 U.S.C.
THQ Inc. v. Starcom Worldwide Inc. (In re THQ Inc.)
Apr
18
2016
Ruling
Debtors' avoidance proceeding dismissed absent factual support.
Issue(s)
Should debtor's motions to dismiss preference and fraudulent transfer proceedings be granted?
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Court
:
- 11 U.S.C.
AFA Inv. Inc. v. Dale T. Smith & Sons Meat Packing Co. (In re AFA Inv. Inc.)
Mar
09
2016
Ruling
Preferential transfer avoided given failure of the ordinary course of business defense. (Bankr.D. Del.)
Issue(s)
Did the ordinary course of business defense sufficiently established by transferee so as to prevent avoidance of allegedly preferential transfer?
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Court
:
In re Stone & Webster Inc.
Feb
29
2016
Ruling
Insurer's claim based on note for antecedent insurance debt allowed.
Issue(s)
Should claim for amount outstanding on note for past insurance adjustments be disallowed?
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Court
:
In re Boomerang Tube Inc.
Jan
29
2016
Ruling
Fees incurred by counsel for committee of unsecured creditors in defending a fee application were not compensable from debtor's estate.
Issue(s)
Whether to approve retention applications of counsel for a committee of unsecured creditors under 11 U.S.C.S. § 328(a) that contained a provision indemnifying them for expenses incurred in a successful defense of their fees.
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Court
:
- 11 U.S.C.
In re Flintkote Co.
Aug
10
2015
Ruling
Joint plan of co-defendants in asbestos-related lawsuits could be confirmed.
Issue(s)
Could joint plan of Delaware and Canadian corporations that were defendants in asbestos-related litigation be confirmed?
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Court
:
- 11 U.S.C.
In re Ferris Props.
Jul
30
2015
Ruling
Sale of debtor's property free and clear of liens denied.
Issue(s)
Should sale of eleven properties free and clear of liens and encumbrances be approved?
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Court
:
In re Overseas Shipholding Grp. Inc.
Jun
01
2015
Ruling
Subtenant not entitled to claim for rejection damages.
Issue(s)
Was creditor subtenant entitled to damages allegedly resulting from sublessor debtor's rejection of the sublease?
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Court
:
- 11 U.S.C.
Frederick Place LLC v. Flintkote Co. (In re Flintkote Co.)
Feb
02
2015
Ruling
Relief from stay to enforce alleged state environmental violation denied where there was no viable cause of action.
Issue(s)
Should relief from stay be granted to allow environmental law case against debtor to proceed?
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Court
:
- 11 U.S.C.
Chartis Specialty Ins. Co. v. Tri-Valley Corp. (In re Tri-Valley Corp.)
Nov
25
2014
Ruling
Funds transferred by debtor' insurer in exchange for release were property of the estate.
Issue(s)
Were insurance proceeds turned over by insurer to the estate in exchange for release property of the estate?
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Court
: