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District of delaware

Amerifirst Fin., In re

Ruling
Debtors who chose to file for bankruptcy in Delaware did not establish grounds for a changeof venue. (Bankr. D. Del.)
Issue(s)
Change of Venue.

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Commercial opinion summary, case decided on October 25, 2023 , LexisNexis #1223-100

BSA, In re--Washburn v. BSA

Ruling
Proceeding claiming conspiracy in proposal of Chapter 11 plan was barred by the preclusiveeffect of the confirmation order. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan; Requirements; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on October 20, 2023 , LexisNexis #1223-095

Miller v. Mott

Ruling
Claims for imposition of constructive trust and award of attorneys’ fees in fraudulentconveyance proceeding dismissed. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on October 04, 2023 , LexisNexis #1223-036

Cain, In re

Ruling
Creditor's motion to vacate was not filed within 180 days of the order approving the thirdmodified Chapter 13 plan and provided no basis for a finding of fraud. (Bankr. D. Del.)
Issue(s)
Relief From Judgment or Order.

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Consumer opinion summary, case decided on September 20, 2023 , LexisNexis #1123-075

JAB Energy Sols., II, LLC, In re

Ruling
Liquidating trustee's error in bringing a proceeding by motion was harmless as there was nodispute that the objector, the debtor's parent company, received notice of the proceeding.(Bankr. D. Del.)
Issue(s)
Scope of Rules of Part VII.

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Commercial opinion summary, case decided on September 18, 2023 , LexisNexis #1123-073

TWC Liquidation Trust, LLC, In re--Ziehl v. Vara

Ruling
Estate was entitled to a refund of excess quarterly fees paid to the United States Trustee thatwere found by the U.S. Supreme Court to be unconstitutional. (Bankr. D. Del.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.

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Commercial opinion summary, case decided on September 14, 2023 , LexisNexis #1123-048

Vitale, In re--Vitale v. Corridori

Ruling
Stay annulled given debtor's former spouse's lack of notice of the bankruptcy filing andprejudice to the former spouse should the automatic stay be enforced. (Bankr. D. Del.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on September 13, 2023 , LexisNexis #1123-029

Cl H Winddown LLC, In re

Ruling
Motion to dismiss avoidance proceeding granted where trustee failed to allege that thetransfers were made for inadequate consideration. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on September 05, 2023 , LexisNexis #1023-092

Cl H Winddown LLC, In re

Ruling
Court granted the alleged insider's motion to dismiss avoidance proceeding as trustee failed toallege sufficient facts to establish his insider status. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on September 04, 2023 , LexisNexis #1023-076

Quorum Health Corp., In re--Golden v. Cmty. Health Sys.

Ruling
Stay pending arbitration was granted based on arbitration clause in separation agreementbetween the debtor and the parent company. (Bankr. D. Del.)
Issue(s)
Right to Be Heard; Parties in Interest.

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Commercial opinion summary, case decided on August 30, 2023 , LexisNexis #1023-094