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3rd circuit

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

DeCurtis Holdings LLC, In re--Carnival Corp. v. DeCurtis Holdings LLC

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.

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Commercial opinion summary, case decided on August 09, 2023 , LexisNexis #1023-009

AP Orangevale, LLC, In re

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.

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Commercial opinion summary, case decided on August 08, 2023 , LexisNexis #1023-008

Scungio Borst & Assocs., LLC, In re

Ruling
Subcontractors willfully violated the automatic stay when they filed liens against estateproperty with knowledge of the debtor's bankruptcy. (Bankr. E.D. Pa.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on August 04, 2023 , LexisNexis #0923-080

Sanger, In re--Sanger v. JMG Partners 2021, LP

Ruling
Debtors could not avoid sale as a preferential transfer as the tax sale was held in compliancewith state law. (Bankr. M.D. Pa.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.

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Consumer opinion summary, case decided on August 01, 2023 , LexisNexis #0923-091

U Lock, Inc., In re--Snyder v. Biros

Ruling
Avoidance proceeding dismissed because defendant did not receive her property interestsfrom the debtor and therefore there were no avoidable transfers of an interest of the debtor.(Bankr. W.D. Pa.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Commercial opinion summary, case decided on July 21, 2023 , LexisNexis #0923-038

Awadallah, In re

Ruling
Chapter 13 debtor's case warranted dismissal as the plan proposed to treat the claim of the solecreditor, the purchaser of the debtor's former property at a tax sale, by paying the creditor theredemption amount as if such right existed. (Bankr. E.D. Pa.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on July 19, 2023 , LexisNexis #0923-041

Promise Healthcare Grp., LLC, In re--Michaelson v. L.A. Downtown Med. Ctr., LLC

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

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Commercial opinion summary, case decided on July 11, 2023 , LexisNexis #0923-047

Scott, In re--Scott v. Cadle Co. II

Ruling
Debtor's adversary proceeding dismissed since trustee had not formally abandoned the claimand it remained property of the bankruptcy estate. (Bankr. E.D. Okla.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Consumer opinion summary, case decided on June 20, 2023 , LexisNexis #0823-060

Live Well Fin., Inc., In re--Carickhoff v. Wedbush Secs., Inc.

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.

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Commercial opinion summary, case decided on June 16, 2023 , LexisNexis #0823-063