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District of delaware

Peck, In re

Ruling
Creditor's objection to confirmation of debtor's Chapter 13 plan overruled as the land did notmeet the requirements of the narrow cramdown exception. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on January 12, 2023 , LexisNexis #0323-016

Quorum Health Corp., In re--Varma v. Quorum Health Corp.

Ruling
Proceeding for revocation of discharge dismissed absent injury-in-fact to creditor and harmthe revocation would likely cause to the other creditors. (Bankr. D. Del.)
Issue(s)
Revocation of an Order of Confirmation; Protection of Entities Relying on Confirmation.

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Commercial opinion summary, case decided on January 12, 2023 , LexisNexis #0323-014

Town Sports Int'l, LLC, In re--Kennedy Lewis Partners Master Fund LP v. Abry Partners, LLC

Ruling
Adversary proceeding alleging ordinary breach of contract claims was dismissed for lack ofsubject-matter jurisdiction. (Bankr. D. Del.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on January 06, 2023 , LexisNexis #0323-019

Comedymx, LLC, In re

Ruling
Court held that debtor’s owner’s defiance of district court injunctions was cause for removingthe Subchapter V debtors from possession. (Bankr. D. Del.)
Issue(s)
Removal of debtor in possession; In general

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Commercial opinion summary, case decided on December 16, 2022 , LexisNexis #0223-067

Medical Tech. Assocs. II, In re

Ruling
Automatic stay lifted so that a district court could resolve a pending question of arbitrabilityof the claims surrounding the ownership of certain intellectual property rights. (Bankr. D. Del.)
Issue(s)
Automatic Stay; Relief from Stay.

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Commercial opinion summary, case decided on November 02, 2022 , LexisNexis #0123-005

Team Sys. Int'l, LLC, In re

Ruling
Creditors were not entitled to a second chance to elect a trustee after electing a trustee whowas not eligible. (Bankr. D. Del.)
Issue(s)
Eligibility to Serve as Trustee.

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Commercial opinion summary, case decided on September 21, 2022 , LexisNexis #1122-076

MTE Holdings LLC, In re--RPA Asset Mgmt. Servs., LLC v. Siffin

Ruling
Trustee's complaint against debtors' former principal owner and CEO adequately alleged anintentional fraudulent conveyance. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on August 24, 2022 , LexisNexis #1022-090

GUE Liquidation Cos., In re

Ruling
Liquidation trust was not entitled to an order granting it rights to debtors' tax refunds. (Bankr.D. Del.)
Issue(s)
Determination of Tax Liability.

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Commercial opinion summary, case decided on August 17, 2022 , LexisNexis #1022-053

Seascape Health All., LLC, In re--Miller v. Wilson

Ruling
Trustee's fraudulent transfer claims were dismissed as the complaint contained no facts tosupport the trustee's stated claim. (Bankr. D. Del.)
Issue(s)
Turnover of Property to the Estate; Payment of Matured Debts to Trustee.

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Commercial opinion summary, case decided on August 09, 2022 , LexisNexis #0922-088

Samson Res. Corp., In re--Kravitz v. Samson Energy Co., LLC

Ruling
Petition date rather than transfer date determines when a party is a financial participant withrespect to the application of the safe harbor to redemption cash transfers. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.

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Commercial opinion summary, case decided on August 04, 2022 , LexisNexis #0922-089