- 11 U.S.C.
OPP Liquidating Co., In re--Buchwald Cap. Advisors LLC v. Schoen
Apr
09
2024
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.
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NVN Liquidation, Inc.
Apr
08
2024
Ruling
Application for payment of certain fees and expenses as a substantial contribution in theNovan Inc. bankruptcy case was denied as the holding company did not meet the standard forapproval of a substantial contribution claim. (Bankr. D. Del.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.
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Court
:
- 11 U.S.C.
BYJU's Alpha, Inc., In re--BYJU's Alpha, Inc. v. Camshaft Capital Fund, LP
Apr
03
2024
Ruling
Debtor entitled to injunction against creditor that refused to reveal location of funds allegedlyfraudulently transferred. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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SureFunding, LLC, In re
Apr
03
2024
Ruling
Claim for repayment of retainers paid for debtor via third-party loan not approved by thecourt was entitled to administrative expense priority due to compelling circumstances. (Bankr.D. Del.)
Issue(s)
Obtaining Credit; Authorization After Notice and Hearing.
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- 11 U.S.C.
Allegiance Coal United States, In re
Mar
28
2024
Ruling
Order compelling the payment of secured creditor's legal fees before distrbutions to thebeneficiaries of the DIP carve-out was not warranted. (Bankr. D. Del.)
Issue(s)
Obtaining Credit.
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- 11 U.S.C.
RS Fit NW LLC, In re
Mar
27
2024
Ruling
Former employee of debtor was not entitled to unpaid wages for split shift pay based on hoursworked. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests.
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Yellow Corp., In re
Mar
27
2024
Ruling
Pension funds' motions for relief from stay to compel arbitration were denied absent authorityfor the court to do so. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Disallowance.
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:
- 11 U.S.C.
Alecto Healthcare Servs., LLC, In re
Mar
20
2024
Ruling
Plan confirmed as it met the feasibility requirements and debtor carried its burden ofdemonstrating that there was a reasonable likelihood that the debtor would be able to makeall payments under the plan. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan; Rule of Construction; Requirements as of Effective Date of
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Cupples, In re
Mar
15
2024
Ruling
Dismissal of Chapter 13 case for lack of good faith was warranted as the totality of thecircumstances surrounding the timing of the debtors' filing revealed the debtors' effort totransport a two-party dispute into the bankruptcy system. (Bankr. D. Del.)
Issue(s)
Conversion or Dismissal; For Cause.
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- 11 U.S.C.
JLM Couture, Inc., In re
Feb
29
2024
Ruling
Debtor was not obligated to pay monthly treble damages as the debtor was not required totimely perform obligations arising between the order for relief and assumption or rejection ofa lease. (Bankr. D. Del.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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