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DSI Renal Holdings, In re

Ruling
Recoveries obtained by the trustee in avoidance proceedings actions were capped at amountnecessary to satisfy creditors and expenses. (Bankr. D. Del.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred

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Commercial opinion summary, case decided on February 04, 2020 , LexisNexis #0320-069

LSC Wind Down, LLC, In re--UMB Bank, N.A. v. Sun Capital Partners

Ruling
Motion to dismiss denied where plaintiff identified numerous unsecured creditors who didnot know the transfer or its fraudulent nature prior to the petition date. (Bankr. D. Del.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent

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Commercial opinion summary, case decided on January 23, 2020 , LexisNexis #0320-014

Emerge Energy Servs. LP, In re

Ruling
Amended joint plan of reorganization for debtors under Chapter 11 was denied in order forthe third-party release provision to be revised. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on December 05, 2019 , LexisNexis #0120-067

Scheer v. State Bar (In re Scheer)

Ruling
Arbitration award owed by suspended attorney was not excepted from discharge as it was not a fine or penalty payable to a governmental unit.
Issue(s)
Did the district court err when it held that debtor suspended attorney's debt owed to a former client pursuant to an arbitration award was nondischargeable under 11 U.S.C. § 523(a)(7)?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 14, 2016 , LexisNexis #0516-050

Pensco Trust Co. v. Tristar Esperanza Props. LLC (In re Tristar Esperanza Props. LLC)

Ruling
Claim for arbitration award arising from the purchase or sale of securities properly subordinated.
Issue(s)
Was claim based on a minority membership interest in debtor LLC properly subjected to mandatory subordination?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 02, 2015 , LexisNexis #0415-110

Webster v. W. Express Inc.

Ruling
Estoppel did not apply to bar personal injury action not scheduled by debtor but not abandoned by trustee.
Procedural posture

After plaintiff bankruptcy trustee moved to reopen a debtor's bankruptcy case to include as personal injury claim that arose prior to the filing of the bankruptcy case, a defendants moved for summary judgment pursuant to Fed. R. Civ. P. 56, arguing that judicial estoppel prevented the trustee from pursuing the personal injury claims.

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opinion summary, case decided on July 19, 2007 , LexisNexis #0907-032