- 28 U.S.C.
Nobilis Health Corp., In re--Giuliano v. Fleming
Jun
12
2024
Ruling
Breach of fiduciary duty claims against debtors' former officers and directors were corematters only as to defendants against whom equitable subordination was sought. (Bankr. D.Del.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
:
- 11 U.S.C.
Allegiance Coal USA Ltd., In re
Jun
06
2024
Ruling
Creditor's objection to allowance of fees in administratively insolvent case that was to bedismissed was rejected. (Bankr. D. Del.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
Childers, In re--Barklage v. Childers
May
31
2024
Ruling
Court dismissed creditor's non-dischargeability claims for lack of factual allegations showingdebtors' fraudulent intent and failure to specify written financial statements relied upon.(Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
- 28 U.S.C.
Vjgj, Inc., In re
May
23
2024
Ruling
Motion for reconsideration and clarification was appropriate as no objection had been raisedas to the issuance of an order clarifying the remand order and because uncertainty remained asto the scope of the remand. (Bankr. D. Del.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
:
Lovett, In re
May
21
2024
Ruling
Deadline to file a complaint seeking to except a debt from discharge had passed and it couldnot be extended after the fact. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Automatic Discharge of Certain Debts Absent Creditor
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Court
:
- 11 U.S.C.
JLM Couture, Inc., In re
May
09
2024
Ruling
Monthly treble damages provision was a penalty and would not be enforced as the debtorpresented evidence of the fair market monthly rental rate for the premises (Bankr. D. Del.)
Issue(s)
Executory Contracts and Unexpired Leases.
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Court
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AIG Fin. Prods. Corp., In re--AIG Fin. Prods. Corp. v. Arthurs
May
09
2024
Ruling
Claims of debtor’s former executives were subject to contractual subordination even if thedebtor and its parent company breached the executives’ compensation plan. (Bankr. D. Del.)
Issue(s)
Subordination; Equitable Subordination.
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Court
:
- 28 U.S.C.
Chisholm Oil & Gas Nominee, Inc., In re
May
08
2024
Ruling
Abstention was not warranted due to the predominance of core bankruptcy issues. (Bankr. D.Del.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
:
Ashcraft, In re
Apr
30
2024
Ruling
Court denied the debtors' objection related to a post-petition mortgage payment as the debtors'pay history showed that a check for that payment bounced. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Objections.
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Court
:
- 11 U.S.C.
Goli Nutrition, Inc., In re
Apr
23
2024
Ruling
Bankruptcy court refused to approve a proposed stock sale transaction as the issuance of stockin a debtor company was not a sale transaction. (Bankr. D. Del.)
Issue(s)
Use, Sale, or Lease of Property.
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Court
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