AIG Fin. Prods. Corp., In re
May
10
2023
Ruling
Dismissal of debtor's Chapter 11 case for cause was not warranted as debtor was in financial distress and its bankruptcy filing served a valid reorganizational purpose. (Bankr. D. Del.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Arsenal Intermediate Holdings, LLC, In re
Apr
26
2023
Ruling
Bankruptcy court would not authorize the debtors to inform creditors that they would be deemed to consent to third-party release unless they opted out one week before the confirmation hearing. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan; Exception
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Qourum Health Corp., In re--Golden v. Community Health Sys.
Apr
18
2023
Ruling
Fraudulent transfer claims were not dismissed as it was not appropriate to decide the triggering creditor issue on the motion to dismiss. (Bankr. D. Del.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers.
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Court
:
- 11 U.S.C.
Yount, In re
Mar
24
2023
Ruling
Bankruptcy judge's order rescheduling the trial of the adversary proceeding could not reasonably be interpreted as modifying the discharge injunction as to the negligence claim. (Bankr. E.D. Mo.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Quorum Health Corp., In re--Golden v. Cmty. Health Sys.
Mar
16
2023
Ruling
Dismissal of claims seeking avoidance of a spin-off dividend was warranted as the transfer was protected by safe harbor provisions. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Quorum Health Corp., In re--Golden v. Cmty. Health Sys.
Mar
16
2023
Ruling
Dismissal of claims seeking avoidance of a spin-off dividend was warranted as the transfer was protected by safe harbor provisions. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Kabbage Inc., In re
Mar
15
2023
Ruling
Temporary injunction against actions by creditors that would undermine the operation of the plan was not inconsistent with the underlying purposes of 1141(d)(3) or 727(a). (Bankr. D. Del.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
:
- 11 U.S.C.
TPC Grp. Inc., In re
Feb
22
2023
Ruling
Tort plaintiffs could not pursue pre-petition veil-piercing claims post-confirmation as they were estate causes of action that had been settled and released in the confirmed plan. (Bankr. D. Del.)
Issue(s)
Property of the Estate.
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Merchant, In re
Feb
17
2023
Ruling
Sale of certain property of the estate and a compromise in division of sale proceeds was authorized as relief requested in the motion was in the best interests of the debtor's estate, its creditors, and other parties in interest. (Bankr. D. Del.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.
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Decade, S.A.C., LLC, In re--Carickhoff v. Goodwin
Jan
13
2023
Ruling
Defendants were not precluded from seeking monetary damages based on their prepetitionclaims against the debtors, which would be addressed in the claims administration process.(Bankr. D. Del.)
Issue(s)
Counterclaim and Cross-Claim.
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