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Commercial

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

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

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

Alta Mesa Res., Inc., In re--Dunn v. HPS Inv. Partners, LLC

Ruling
Trustee failed to sufficiently plead an actual benefit that was avoidable and recoverable on the
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 01, 2024 , LexisNexis #1224-043

Curepoint, LLC, In re--Wender v. Miles

Ruling
Trustee had standing to bring claims that were properly disclosed and reserved in confirmed Chapter 11 plan and transferred to the liquidation trust. (Bankr. N.D. Ga.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor.

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Commercial opinion summary, case decided on September 30, 2024 , LexisNexis #1224-047

Gabriel Custom Homes, LLC, In re

Ruling
Bankruptcy court denied creditor's motion for relief from an automatic stay of foreclose proceedings as there where factual issues as to whether the property was the debtor's domicile and whether a scheme had occurred to hinder or defraud the creditor. (Bankr. W.D.N.C.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.

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Commercial opinion summary, case decided on September 30, 2024 , LexisNexis #1224-029