Skip to main content

Page Banner(Taxonomy)

judge shannon

Culp, In re

Ruling
Insurance proceeds received by debtors constituted property of the estate as the debtors were owners of the property and the insurance policy prepetition and were also beneficiaries under the policy. (Bankr. D. Del.)
Issue(s)
Property of the Estate.

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

Consumer opinion summary, case decided on August 30, 2018 , LexisNexis #1018-049

Burton, In re

Ruling
Value of debtor's vehicle should be the price a retail merchant would charge for property of that kind considering the age and condition of the property as debtor's intended use was personal. (Bankr. D. Del.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.

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

Consumer opinion summary, case decided on May 16, 2018 , LexisNexis #0618-100

JMO Wind Down, Inc., In re

Ruling
Relief granted where court found that claims are derivative and belong to the liquidatingtrust. (Bankr. D. Del.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

ABI Membership is required to access the full summary of JMO Wind Down, 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 April 13, 2018 , LexisNexis #0518-064

TK Holdings Inc., In re--TK Holdings Inc. v. Hawai'i

Ruling
Court ruled that claims brought by the States may be discharged by operation of a confirmed plan of reorganization where debtors' fraud was perpetrated against consumers, not the States. (Bankr. D. Del.)
Issue(s)
Effect of Confirmation; Discharge.

ABI Membership is required to access the full summary of TK Holdings Inc., In re--TK Holdings Inc. v. Hawai'i Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 14, 2018 , LexisNexis #0318-112

Samson Res. Corp., In re

Ruling
Court disallowed Heirs' claims in their entirety as the debtors had already fully paid all royalties earned in the ordinary course of debtors' business. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Objections.

ABI Membership is required to access the full summary of Samson Res. 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 December 13, 2017 , LexisNexis #0218-037

Fayson, In re

Ruling
Court found that chapter 13 plan modification that proposes surrendering collateral securinga 910 claim and treating any deficiency as an unsecured claim was permissible. (Bankr. D. Del.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

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

Consumer opinion summary, case decided on July 13, 2017 , LexisNexis #0817-084

Samson Res. Corp., In re

Ruling
Court disallowed royalty claims after it found that debtor paid the lease heirs all royaltiesearned in the ordinary course of the debtor's businesses. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Objections.

ABI Membership is required to access the full summary of Samson Res. 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 June 15, 2017 , LexisNexis #0717-067

In re Seegrid Corp.

Ruling
Claims of debtor’s CEO for air travel associated with business trips and arising fromtermination allowed. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests.

ABI Membership is required to access the full summary of In re Seegrid Corp. 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 27, 2016 , LexisNexis #1116-111

In re Refco Pub. Commodity Pool, LP

Ruling
Debtor’s objection to IRS tax claim sustained and claim disallowed. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Objections.

ABI Membership is required to access the full summary of In re Refco Pub. Commodity Pool, LP 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 02, 2016 , LexisNexis #1116-014

Vara v. Shuib (In re Shuib)

Ruling
Discharge denied to debtor bankruptcy petition preparer in thirteenth case due to concealmentof assets and other nondisclosures. (Bankr. D. Del.)
Issue(s)
Should debtor be denied a discharge in his thirteenth filed case?

ABI Membership is required to access the full summary of Vara v. Shuib (In re Shuib) 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 03, 2016 , LexisNexis #0916-027