Skip to main content

Page Banner(Taxonomy)

judge goldblatt

AIO US, Inc., In re

Ruling
Evidence showed debtor’s plan was designed to treat constituencies fairly and maximize value for creditors, despite exclusion of non-U.S. or UK talc claims. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan; Requirements; Plan Proposed in Good Faith.

ABI Membership is required to access the full summary of AIO US, 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 August 21, 2025 , LexisNexis #1025-089

Smallhold, Inc., In re--Mt. Meadow Mushroom Farms, Inc. v. Smallhold, Inc.

Ruling
Breach of contract claim and claims against third parties ordered remanded to state court for lack of subject-matter jurisdiction. (Bankr. D. Del.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In or Related to Cases Under Title 11.

ABI Membership is required to access the full summary of Smallhold, Inc., In re--Mt. Meadow Mushroom Farms, Inc. v. Smallhold, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 18, 2025 , LexisNexis #1025-094

Smallhold, Inc., In re--Mt. Meadow Mushroom Farms, Inc. v. Smallhold, Inc.

Ruling
Automatic stay prohibits actions to collect pre-petition debt and acts to obtain control over estate property, but does not prohibit filing suit to liquidate a post-petition claim. (Bankr. D. Del.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In or Related to Cases Under Title 11.

ABI Membership is required to access the full summary of Smallhold, Inc., In re--Mt. Meadow Mushroom Farms, Inc. v. Smallhold, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 29, 2025 , LexisNexis #0925-098

Fred's Inc., In re--FI Liquidating Trust v. C.H. Robinson Co., Inc.

Ruling
Payments were preferential transfers not covered by the ordinary course of business defense due to credit pressure exerted against the debtor. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business; Made According to Ordinary Business Terms.

ABI Membership is required to access the full summary of Fred's Inc., In re--FI Liquidating Trust v. C.H. Robinson Co., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 15, 2025 , LexisNexis #0325-065

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.

ABI Membership is required to access the full summary of 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 October 04, 2024 , LexisNexis #1224-064

Bounty Co.

Ruling
Debtors' claim for avoidance of a preferential transfer was denied as the actual transferoccurred when the defendant later applied the funds for amounts that were then due. (Bankr.D. Del.)
Issue(s)
Preferences.

ABI Membership is required to access the full summary of Bounty Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 16, 2024 , LexisNexis #0924-067

Nobilis Health Corp., In re--Giuliano v. Fleming

Ruling
Breach of fiduciary duty claims against debtors' former officers and directors were corematters only as to defendants against whom equitable subordination was sought. (Bankr. D.Del.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.

ABI Membership is required to access the full summary of Nobilis Health Corp., In re--Giuliano v. Fleming Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 12, 2024 , LexisNexis #0824-046

Allegiance Coal USA Ltd., In re

Ruling
Creditor's objection to allowance of fees in administratively insolvent case that was to bedismissed was rejected. (Bankr. D. Del.)
Issue(s)
Compensation of Officers.

ABI Membership is required to access the full summary of Allegiance Coal USA Ltd., 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 June 06, 2024 , LexisNexis #0824-004

Allegiance Coal United States, In re

Ruling
Order compelling the payment of secured creditor's legal fees before distrbutions to thebeneficiaries of the DIP carve-out was not warranted. (Bankr. D. Del.)
Issue(s)
Obtaining Credit.

ABI Membership is required to access the full summary of Allegiance Coal United States, 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 March 28, 2024 , LexisNexis #0524-082

Yellow Corp., In re

Ruling
Pension funds' motions for relief from stay to compel arbitration were denied absent authorityfor the court to do so. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

ABI Membership is required to access the full summary of Yellow 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 March 27, 2024 , LexisNexis #0524-060