- 11 U.S.C.
Edgewood Food Mart, In re--Lester v. Edgewood Food Mart, Inc.
Sep
25
2024
Ruling
Creditor sanctioned for filing a frivolous complaint against debtor as it knew or should have known that it lacked standing to bring the proceeding. (Bankr. N.D. Ga.)
Issue(s)
Preferences.
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Celsius Network LLC, In re--Barber Lake Dev. LLC v. Priority Power Mgmt., LLC
Sep
25
2024
Ruling
Proceeding seeking turnover of equitable interest in facility and proceeds denied where the action was dependent on an unjust enrichment claim that was not viable under state law. (Bankr. S.D.N.Y.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.
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Shibley, In re--SouthState Bank v. Shibley
Sep
24
2024
Ruling
Bank was granted sanctions as the debtor knew the sanctions motion he filed had no legal basis and was filed in bad faith to harass the bank and increase its costs. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
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Court
:
- 11 U.S.C.
Weiss Multi-Strategy Advisers LLC, In re--GWA, LLC v. Jefferies Strategic Invs., LLC
Sep
24
2024
Ruling
Court denied avoidance of forbearance agreement in its entirety where debtors agreed the transactions provided reasonably equivalent value. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Liberty Bridge Cap. Mgmt. GP, LLC, In re
Sep
24
2024
Ruling
Transferee was protected from avoidance even if it failed to conduct a preliminary, diligent inquiry as there were no suspicious facts surrounding the transfer that would reflect the debtor's fraudulent intent or imminent insolvency. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Seller's Right of Reclamation.
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Belcher, In re--GMT Mgmt. Grp., LLC v. Belcher
Sep
24
2024
Ruling
Summary judgment as to nondischargeability denied due to insufficient factual support. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Benton, In re
Sep
24
2024
Ruling
Automatic stay was not in effect where debtor had two cases dismissed within the past year and had not filed an appropriate motion. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay.
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Court
:
- 28 U.S.C.
RML, LLC, In re
Sep
23
2024
Ruling
Certification of a direct appeal to the circuit court was granted as the court's prior judgment enforcing the reorganized debtor's plan injunction against the claimants involved an unsettled question of law regarding the bankruptcy system. (Bankr. S.D.N.Y.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification.
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Court
:
- 11 U.S.C.
Ho Wan Kwok, In re--Despins v. Defeng Cao
Sep
09
2024
Ruling
Debtor was the beneficial owner of motorcycles, which were therefore property of the estate post-petition transfer of title. (Bankr. D. Conn.)
Issue(s)
Liability of Transferee of Avoided Transfer.
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Koger, In re--Usoroh v. Koger
Sep
09
2024
Ruling
Buyer was entitled to relief from the bankruptcy stay to gain possession of Chapter 7 debtor's home purchased in a sheriff's sale as debtor lacked any legal or equitable interest in property. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.
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