- 28 U.S.C.
Nobilis Health Corp., In re--Giuliano v. Fleming
Jun
12
2024
Ruling
Breach of fiduciary duty claims against debtors' former officers and directors were corematters only as to defendants against whom equitable subordination was sought. (Bankr. D.Del.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
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AmeriFirst Fin., Inc., In re
Jun
12
2024
Ruling
Claim reclassified as a general unsecured claim and allowed in reduced amount as the debtordid not meet its burden of disproving the prima facie validity of the claim amount. (Bankr. D.Del.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Court
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Gay, In re--DeMarco v. Gay
Jun
11
2024
Ruling
State court judgment debt was nondischargeable on grounds of false pretenses, falserepresentation, or actual fraud. (Bankr. W.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
McNeal, In re--McNeal v. Brouse
Jun
07
2024
Ruling
Debtor lacked standing to assert Chapter 13 trustee’s avoidance powers under § 548 and failedto assert its own avoidance rights under § 522. (Bankr. M.D. Pa.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
:
- 11 U.S.C.
Allegiance Coal USA Ltd., In re
Jun
06
2024
Ruling
Creditor's objection to allowance of fees in administratively insolvent case that was to bedismissed was rejected. (Bankr. D. Del.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
Childers, In re--Barklage v. Childers
May
31
2024
Ruling
Court dismissed creditor's non-dischargeability claims for lack of factual allegations showingdebtors' fraudulent intent and failure to specify written financial statements relied upon.(Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
- 28 U.S.C.
Vjgj, Inc., In re
May
23
2024
Ruling
Motion for reconsideration and clarification was appropriate as no objection had been raisedas to the issuance of an order clarifying the remand order and because uncertainty remained asto the scope of the remand. (Bankr. D. Del.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Lovett, In re
May
21
2024
Ruling
Deadline to file a complaint seeking to except a debt from discharge had passed and it couldnot be extended after the fact. (Bankr. E.D. Mo.)
Issue(s)
Exceptions to Discharge; Automatic Discharge of Certain Debts Absent Creditor
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Court
:
- 11 U.S.C.
Olson, In re--Wiley v. Olson
May
10
2024
Ruling
Creditor was not estopped from seeking a nondischargeability determination with respect toits default judgment against debtor who provided misleading information regarding a dealthe creditor funded. (Bankr. E.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
:
- 11 U.S.C.
JLM Couture, Inc., In re
May
09
2024
Ruling
Monthly treble damages provision was a penalty and would not be enforced as the debtorpresented evidence of the fair market monthly rental rate for the premises (Bankr. D. Del.)
Issue(s)
Executory Contracts and Unexpired Leases.
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Court
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