Skip to main content

Commercial

Silver Airways LLC, In re

Ruling
Plan confirmed despite a projected $3 million shortfall as supported by key administrative creditors who otherwise faced the risk of total loss. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Requirements; Treatment of Priority Claims; Administrative Claims.

ABI Membership is required to access the full summary of Silver Airways 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 May 19, 2025 , LexisNexis #0725-070

No Rust Rebar, Inc., In re--Slott v. Smith

Ruling
Court avoided post-petition transfer of stock sale proceeds to debtor’s principal made without court approval. (Bankr. S.D. Fla.)
Issue(s)
Post-petition Transactions.

ABI Membership is required to access the full summary of No Rust Rebar, Inc., In re--Slott v. Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 19, 2025 , LexisNexis #0725-066

Williams Land Clearing, Grading, & Timber Logging, LLC, In re--Williams Land Clearing, Grading, & Timber Logging, LLC v. Apex Funding Source LLC

Ruling
Payment directly to creditor of receivable owed to debtor was avoidable as it allowed creditor to receive more than it would have in a Chapter 7 case. (Bankr. E.D.N.C.)
Issue(s)
Preferences.

ABI Membership is required to access the full summary of Williams Land Clearing, Grading, & Timber Logging, LLC, In re--Williams Land Clearing, Grading, & Timber Logging, LLC v. Apex Funding Source LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 16, 2025 , LexisNexis #0725-065

Seven Rivers Leasing Corp., In re

Ruling
Two aircraft hangars were not property of the estate because debtor lacked interest in one and foreclosure had extinguished rights in the other before bankruptcy. (Bankr. W.D. Ark.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Seven Rivers Leasing 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 May 16, 2025 , LexisNexis #0725-057

Celsius Network LLC, In re--Meghji v. Bailey

Ruling
Counterclaims filed by “unknown” creditor discharged under the confirmed Chapter 11 plan as publication notice was sufficient and the creditor failed to file a timely proof of claim. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Confirmation; Discharge.

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

Commercial opinion summary, case decided on May 15, 2025 , LexisNexis #0725-071

Nat'l Reality Inv. Advisors, LLC, In re

Ruling
Creditors’ claims subordinated because they ignored signs of fraud, enabling Ponzi scheme and harming other creditors. (Bankr. D.N.J.)
Issue(s)
Subordination; Equitable Subordination.

ABI Membership is required to access the full summary of Nat'l Reality Inv. Advisors, 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 May 15, 2025 , LexisNexis #0725-060

Jackson Hosp. & Clinic, In re

Ruling
Court denied approval of professionals who had existing relationship with debtor to represent non-debtor medical board that leased equipment to debtor due to potential conflict of interest. (Bankr. M.D. Ala.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

ABI Membership is required to access the full summary of Jackson Hosp. & Clinic, 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 May 15, 2025 , LexisNexis #0725-053

BMI Oldco Inc., In re

Ruling
District court decision resolving whether debtor’s talc contained asbestos was an issue necessary for determining the feasibility of proposed § 524(g) trust. (Bankr. S.D. Tex.)
Issue(s)
Effect of Discharge; Supplemental Injunctions in Chapter 11 Proceedings.

ABI Membership is required to access the full summary of BMI Oldco Inc., 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 May 14, 2025 , LexisNexis #0725-091

BSA, In re

Ruling
Confirmed Chapter 11 plan including nonconsensual third party releases could not be vacated due to effect on completed insurance buyback funding the plan. (3d Cir.)
Issue(s)
Confirmation of Plan; Requirements; Plan Proposed in Good Faith.

ABI Membership is required to access the full summary of BSA, 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 May 13, 2025 , LexisNexis #0725-069

Miracle Rest. Group, In re

Ruling
Purdue Pharma did not prohibit temporary, non-consensual, non-debtor injunctions issued at confirmation to facilitate a successful reorganization. (Bankr. E.D. La.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

ABI Membership is required to access the full summary of Miracle Rest. Group, 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 May 13, 2025 , LexisNexis #0725-076