- 11 U.S.C.
Stream TV Networks, Inc., In re
Jan
08
2025
Ruling
Chapter 11 trustee determined that a sale of the debtors' assets was in the best interests of creditors given the debtors' circumstances. (Bankr. E.D. Pa.)
Issue(s)
Use, Sale, or Lease of Property.
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Court
:
- 11 U.S.C.
Simon, In re
Jan
03
2025
Ruling
Court dismissed debtor's Chapter 7 case for substantial abuse, finding sufficient disposable income to repay debts after reducing excessive expenses, and bad faith due to serial filings and noncompliance with prior plans. (Bankr. M.D. Pa.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply; Totality of Circumstances.
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Rental Car Intermediate Holdings LLC, In re--Wells Fargo Bank, N.A. v. U.S. Bank N.A.
Jan
02
2025
Ruling
Indenture trustees’ request for bond to cover noteholders' disputed claims denied as it would improperly modify confirmed plan post-substantial consummation and result in preferential treatment. (Bankr. D. Del.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.
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Court
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Denton, In re--Denton v. United States, IRS
Dec
30
2024
Ruling
Sovereign immunity for claims against governmental units regarding violations of the automatic stay waived. (Bankr. E.D. Okla.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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Majestic Hills, LLC, In re--Fuchs v. Westfields Ins. Co.
Dec
26
2024
Ruling
Debtor's motion to approve settlement was granted as it fell within the range of reasonableness due to substantial obstacles to litigating, including the need to modify existing state. (Bankr. W.D. Pa.)
Issue(s)
Compromise and Arbitration.
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JLM Couture, In re
Dec
23
2024
Ruling
Landlord was not entitled to an administrative expense claim for electricity surcharges as the lease expired prepetition and he was limited actual and necessary costs incurred in preserving the estate. (Bankr. D. Del.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.
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Court
:
- 11 U.S.C.
Black Diamond Energy of Del., Inc., In re--Black Diamond Energy of Del., Inc. v. Wyo. Oil & Gas Conservation Comm’n
Nov
27
2024
Ruling
Fine for debtor oil and gas well operator’s failure to comply with reporting and payment operations was liquidated damages for a past wrong and not excepted from the automatic stay. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.
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Court
:
- 11 U.S.C.
United Tax Grp., LLC, In re--Allerand Cap., LLC v. Miller
Nov
20
2024
Ruling
Funds escheated to state division of unclaimed property were property of the estate as they were likely based onpre-petition payments by the debtor. (Bankr. D. Del.)
Issue(s)
Property of the Estate.
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Court
:
- 11 U.S.C.
Simpkins, In re
Nov
18
2024
Ruling
Trustee had a higher priority than the holder of an unperfected lien and could avoid it. (Bankr. D.N.J.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Creditor with Unsatisfied Writ of Execution.
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Court
:
- 11 U.S.C.
Guardian Elder Care at Johnstown, LLC, In re--Erie Acquisition, LLC v. Guardian Elder Care at Jonestown, LLC
Nov
14
2024
Ruling
Motion for immediate payment of postpetition rent denied given the residential nature of the debtor’s skilled nursing and personal care facilities. (Bankr. W.D. Pa.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee to Perform Debtor's Obligations Until Assumption or Rejection.
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