Skip to main content

Page Banner(Taxonomy)

3rd circuit

BYJU's Alpha, Inc., In re--BYJU's Alpha, Inc. v. Camshaft Capital Fund, LP

Ruling
Debtor entitled to injunction against creditor that refused to reveal location of funds allegedlyfraudulently transferred. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

ABI Membership is required to access the full summary of BYJU's Alpha, Inc., In re--BYJU's Alpha, Inc. v. Camshaft Capital Fund, LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 03, 2024 , LexisNexis #0624-046

SureFunding, LLC, In re

Ruling
Claim for repayment of retainers paid for debtor via third-party loan not approved by thecourt was entitled to administrative expense priority due to compelling circumstances. (Bankr.D. Del.)
Issue(s)
Obtaining Credit; Authorization After Notice and Hearing.

ABI Membership is required to access the full summary of SureFunding, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 03, 2024 , LexisNexis #0624-031

Huyck, In re

Ruling
Cause did not exist to remove the trustee as he properly performed his duties and his behaviortoward the debtors was not improper or abusive in any manner. (Bankr. E.D. Okla.)
Issue(s)
Removal of Trustee or Examiner.

ABI Membership is required to access the full summary of Huyck, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 29, 2024 , LexisNexis #0524-078

Allegiance Coal United States, In re

Ruling
Order compelling the payment of secured creditor's legal fees before distrbutions to thebeneficiaries of the DIP carve-out was not warranted. (Bankr. D. Del.)
Issue(s)
Obtaining Credit.

ABI Membership is required to access the full summary of Allegiance Coal United States, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 28, 2024 , LexisNexis #0524-082

RS Fit NW LLC, In re

Ruling
Former employee of debtor was not entitled to unpaid wages for split shift pay based on hoursworked. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests.

ABI Membership is required to access the full summary of RS Fit NW LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 27, 2024 , LexisNexis #0524-085

Yellow Corp., In re

Ruling
Pension funds' motions for relief from stay to compel arbitration were denied absent authorityfor the court to do so. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

ABI Membership is required to access the full summary of Yellow Corp., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 27, 2024 , LexisNexis #0524-060

Gibson, In re--Townson v. Sheppard

Ruling
Attorney and law firm were properly sanctioned due to inadequate disclosures. (Bankr. S.D.Ga.)
Issue(s)
Debtor’s Transactions with Attorneys; Attorney Must File Statement of Compensation.

ABI Membership is required to access the full summary of Gibson, In re--Townson v. Sheppard Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 27, 2024 , LexisNexis #0524-052

Iacovazzi, In re--SnowWolf v. Iacovazzi

Ruling
Plaintiff failed to state a claim because plaintiff did not make any specific factual allegationsregarding defendant's fraudulent conduct or what fraudulent pretenses or representationswere made. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Iacovazzi, In re--SnowWolf v. Iacovazzi Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 22, 2024 , LexisNexis #0524-063

Alecto Healthcare Servs., LLC, In re

Ruling
Plan confirmed as it met the feasibility requirements and debtor carried its burden ofdemonstrating that there was a reasonable likelihood that the debtor would be able to makeall payments under the plan. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan; Rule of Construction; Requirements as of Effective Date of

ABI Membership is required to access the full summary of Alecto Healthcare Servs., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 20, 2024 , LexisNexis #0524-046

Cupples, In re

Ruling
Dismissal of Chapter 13 case for lack of good faith was warranted as the totality of thecircumstances surrounding the timing of the debtors' filing revealed the debtors' effort totransport a two-party dispute into the bankruptcy system. (Bankr. D. Del.)
Issue(s)
Conversion or Dismissal; For Cause.

ABI Membership is required to access the full summary of Cupples, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 15, 2024 , LexisNexis #0524-047