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Bankruptcy Court

Village Oaks Senior Care, In re

Ruling
Creditor's objections to debtors' subchapter V eligibility were sustained as noncontingent liquidated debts of all debtors exceed the statutory cap in effect on the petition dates. (Bankr. E.D. Cal.)
Issue(s)
Definitions.

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Commercial opinion summary, case decided on October 11, 2024 , LexisNexis #1224-069

Oceanview Dev., LLC, In re

Ruling
Debtor's plan confirmed as it was filed in good faith and set forth the treatment of claims and equity interests and did not discriminate, allowing for cramdown over dissenting class of creditors. (Bankr. D. Haw.)
Issue(s)
Confirmation of Plan.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 09, 2024 , LexisNexis #1224-068

Richmond Garden Views, LLC, In re--Magaliff v. Davidoff

Ruling
Chapter 7 trustee was not entitled to turnover of a deposit debtor made to purchase property at a foreclosure sale on which he defaulted. (Bankr. S.D.N.Y.)
Issue(s)
Turnover of Property by a Custodian; Duties of Custodian; Delivery of Property to Trustee.

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Commercial opinion summary, case decided on October 09, 2024 , LexisNexis #1224-062

Williamsburg Boutique LLC, In re

Ruling
Debtor's rights under easement were property of the estate as those rights constituted an intangible real property interest under state law. (Bankr. S.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property.

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Commercial opinion summary, case decided on October 09, 2024 , LexisNexis #1224-055

Viera, In re

Ruling
Debtor’s tenth bankruptcy, filed after nine prior cases were dismissed due to fault of debtor, also dismissed due to failure to timely file disclosure statement and plan. (Bankr. D.P.R.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Failure to File Disclosure Statement or File or Confirm Plan.

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Consumer opinion summary, case decided on October 08, 2024 , LexisNexis #1224-067

Greenup Indus. LLC, In re

Ruling
Project manager's claim for wages, salaries, and commissions did not accrue within 180 days of the debtor's bankruptcy filing and was not a priority unsecured claim. (Bankr. E.D. La.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

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Commercial opinion summary, case decided on October 08, 2024 , LexisNexis #1224-058

RQMJXL LLC, In re

Ruling
Reconsideration of the vacation of an order authorizing employment of an attorney as debtor's counsel was denied where the attorney was not a disinterested person at the petition date. (Bankr. S.D. Tex.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on October 08, 2024 , LexisNexis #1224-052

Shastal, In re--Shastal v. v. Majors Law, PLLC

Ruling
Defendants were not entitled to a stay pending appeal as the denial of the motion to dismiss was not a final order and defendants failed to satisfy requirements for leave to appeal. (Bankr. E.D. Mich.)
Issue(s)
Appeal by Leave—How Taken; Docketing the Appeal; Notice

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Consumer opinion summary, case decided on October 07, 2024 , LexisNexis #1224-074

O'Hara, In re

Ruling
There was no irregularity in the U.S. trustee's selection of the Chapter 7 trustee or the trustee's appointment as counsel for the estate as appointment was consistent with statutory authority. (Bankr. W.D. Mich.)
Issue(s)
Employment of Professional Persons; Trustee as Attorney or Accountant.

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Consumer opinion summary, case decided on October 05, 2024 , LexisNexis #1224-053

LLC

Ruling
Committee of unsecured creditors' complaint did not allege facts that would establish that a debtor was a mere conduit for avoidance purposes. (Bankr. D. Del.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property.

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Commercial opinion summary, case decided on October 04, 2024 , LexisNexis #1224-064