Jan
13
2023
Semco Mfg. Co., In re
Ruling:
Debtor's Chapter 7 proceeding was dismissed with a one-year bar to refiling as it was filed inbad faith. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 13,2023, LexisNexis #0323-042
Jan
11
2023
Antaramian Props., LLC v. Naples Bay Resorts Holding LLC
Ruling:
Court denied plaintiff's motion for attorney's fees and costs as it determined that defendantshad an objectively reasonable basis for removing the state court action to bankruptcy court.(Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on January 11,2023, LexisNexis #0323-046
Jan
13
2023
Decade, S.A.C., LLC, In re--Carickhoff v. Goodwin
Ruling:
Defendants were not precluded from seeking monetary damages based on their prepetitionclaims against the debtors, which would be addressed in the claims administration process.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 13,2023, LexisNexis #0323-050
Jan
11
2023
Elldan Corp., In re
Ruling:
Debtor was authorized to reject franchise agreements as the costs of the royalty fees due to thefranchise outweighed the benefits which the debtor received under the franchise agreements.(Bankr. D. Minn.)
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Commercial case opionion summary, case decided on January 11,2023, LexisNexis #0323-031
Jan
03
2023
Longhorn Paving & Oilfield Servs., In re--Curtis v. Awbrey
Ruling:
Trustee's motion to reconsider judgment in preference proceeding denied as trustee failed toestablish that debtor’s post-petition wage transfers were issued to pay pre-petition wages.(Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 03,2023, LexisNexis #0323-009
Jan
05
2023
Furr v. Adv. Proc. No. 22-01190-EPK Olen Props. Corp. (Quantum Park Prop. Owners' Ass'n)
Ruling:
Owners’ association’s relinquishment of property rights via termination of declaration ofprotective covenants constituted a transfer under both federal and state law that could be heldfraudulent. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on January 05,2023, LexisNexis #0323-010
Nov
15
2022
Las Vegas Land Partners, In re
Ruling:
Trustee was required to administer the assets of debtor in Chapter 7 proceeding andauthorized to exercise her reasonable business judgment in doing so. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on November 15,2022, LexisNexis #0323-011
Jan
12
2023
Quorum Health Corp., In re--Varma v. Quorum Health Corp.
Ruling:
Proceeding for revocation of discharge dismissed absent injury-in-fact to creditor and harmthe revocation would likely cause to the other creditors. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 12,2023, LexisNexis #0323-014
Jan
06
2023
Town Sports Int'l, LLC, In re--Kennedy Lewis Partners Master Fund LP v. Abry Partners, LLC
Ruling:
Adversary proceeding alleging ordinary breach of contract claims was dismissed for lack ofsubject-matter jurisdiction. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 06,2023, LexisNexis #0323-019
Jan
04
2023
Health Diagnostic Lab'y, Inc., In re
Ruling:
Liquidating trustee had to pay the quarterly U.S. Trustee fees as successor to the debtor.(Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on January 04,2023, LexisNexis #0323-020
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