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3rd circuit

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

Plevyak, In re--Solar Innovations, Inc. v. Plevyak

Ruling
Reconsideration of denial of discharge denied as state court's contempt finding was notentitled to collateral estoppel effect. (Bankr. M.D. Pa.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

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Commercial opinion summary, case decided on September 07, 2023 , LexisNexis #1123-016

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

Guy, In re

Ruling
Chapter 13 case converted to Chapter 7 as debtor had substantial nonexempt equity that couldyield a return to general unsecured creditors. (Bankr. W.D. Pa.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on September 01, 2023 , LexisNexis #1023-069

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

Maxus Energy Corp., In re

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.

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Consumer opinion summary, case decided on August 28, 2023 , LexisNexis #1123-022

Scherzinger, In re--Scherzinger v. Blair Cnty. Tax Claim Bureau

Ruling
Defendant was entitled to dismissal of plaintiff's action to avoid a pre-bankruptcy tax as thetransfer alleged to be preferential fell outside the 90 day preference period. (Bankr. W.D. Pa.)
Issue(s)
Preferences; Avoidable Transfers; Timing.

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Consumer opinion summary, case decided on August 18, 2023 , LexisNexis #1023-065

DeCurtis Holdings LLC, In re

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.

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Commercial opinion summary, case decided on August 14, 2023 , LexisNexis #1023-032