Maxus Energy Corp., In re
Aug
28
2023
Ruling
Amended proof of claim disallowed as it was broader than creditor's original proof of claim,which would not have put other parties on notice of the full extent of the claim. (Bankr. D. Del.)
Issue(s)
Amended and Supplemental Pleadings.
ABI Membership is required to access the full summary of Maxus Energy Corp., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DeCurtis Holdings LLC, In re
Aug
14
2023
Ruling
Equitable subordination claim failed absent plausible allegations that the LLC was an insideror engaged in inequitable conduct. (Bankr. D. Del.)
Issue(s)
Subordination; Equitable Subordination; Allowed Claims.
ABI Membership is required to access the full summary of DeCurtis Holdings LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DeCurtis Holdings LLC, In re--Carnival Corp. v. DeCurtis Holdings LLC
Aug
09
2023
Ruling
Debtor software developer enjoined from sale, disclosure, or use of the creditor client'sintellectual property as incorporated into software assets. (Bankr. D. Del.)
Issue(s)
Use, Sale, or Lease of Property.
ABI Membership is required to access the full summary of DeCurtis Holdings LLC, In re--Carnival Corp. v. DeCurtis Holdings LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
AP Orangevale, LLC, In re
Aug
08
2023
Ruling
Landlord was entitled to relief from the automatic stay to continue an unlawful detainer actionagainst the debtor where both had colorable claims as to whether the lease had expired. (Bankr.D. Del.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
ABI Membership is required to access the full summary of AP Orangevale, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Promise Healthcare Grp., LLC, In re--Michaelson v. L.A. Downtown Med. Ctr., LLC
Jul
11
2023
Ruling
Bankruptcy court's authority to enforce its prior sale order fell within "arising in" jurisdiction.(Bankr. D. Del.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In
ABI Membership is required to access the full summary of Promise Healthcare Grp., LLC, In re--Michaelson v. L.A. Downtown Med. Ctr., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Live Well Fin., Inc., In re--Carickhoff v. Wedbush Secs., Inc.
Jun
16
2023
Ruling
Trustee sufficiently alleged fraudulent intent where the complaint alleged that the debtor'stransfers to repurchase were made with the requisite intent to hinder, delay, or defraudcreditors. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations.
ABI Membership is required to access the full summary of Live Well Fin., Inc., In re--Carickhoff v. Wedbush Secs., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
MabVax Therapeutics Holdings, Inc., In re
Jun
15
2023
Ruling
Plan administrator, who was a shareholder, was not subject to removal as nothing in 11 U.S.C.1123 required that he be disinterested. (Bankr. D. Del.)
Issue(s)
Contents of Plan.
ABI Membership is required to access the full summary of MabVax Therapeutics Holdings, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mallinckrodt Plc, In re
May
31
2023
Ruling
Plaintiffs’ attempt to join the debtor to class action litigation was not shown to violate the terms of the debtor’s plan or the confirmation order. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan.
ABI Membership is required to access the full summary of Mallinckrodt Plc, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Perry, In re--Perry v. Perry
May
12
2023
Ruling
Judgment debt was excepted from discharge as all elements of the claim had been established in small claims litigation or conceded in the current proceeding. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.
ABI Membership is required to access the full summary of Perry, In re--Perry v. Perry Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Real Est. Partners, LLC v. Summit Healthcare REIT, Inc. (In re Healthcare Real Est. Partners, LLC, hcare--Heal
May
12
2023
Ruling
Debtor's aggregate recovery was limited to $75,000 as any fees in excess of that amount were attributable to debtor's unreasonable failure to respond timely to the involuntary petition. (Bankr. D. Del.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.
ABI Membership is required to access the full summary of Real Est. Partners, LLC v. Summit Healthcare REIT, Inc. (In re Healthcare Real Est. Partners, LLC, hcare--Heal Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: