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District of delaware

Nobilis Health Corp., In re--Giuliano v. Fleming

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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Commercial opinion summary, case decided on June 12, 2024 , LexisNexis #0824-046

Allegiance Coal USA Ltd., In re

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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Commercial opinion summary, case decided on June 06, 2024 , LexisNexis #0824-004

Childers, In re--Barklage v. Childers

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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Consumer opinion summary, case decided on May 31, 2024 , LexisNexis #0824-013

Vjgj, Inc., In re

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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Commercial opinion summary, case decided on May 23, 2024 , LexisNexis #0724-072

Lovett, In re

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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Consumer opinion summary, case decided on May 21, 2024 , LexisNexis #0724-090

JLM Couture, Inc., In re

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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Commercial opinion summary, case decided on May 09, 2024 , LexisNexis #0724-055

AIG Fin. Prods. Corp., In re--AIG Fin. Prods. Corp. v. Arthurs

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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Commercial opinion summary, case decided on May 09, 2024 , LexisNexis #0724-034

Chisholm Oil & Gas Nominee, Inc., In re

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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Commercial opinion summary, case decided on May 08, 2024 , LexisNexis #0724-048

Ashcraft, In re

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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Consumer opinion summary, case decided on April 30, 2024 , LexisNexis #0724-010

Goli Nutrition, Inc., In re

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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Commercial opinion summary, case decided on April 23, 2024 , LexisNexis #0624-084