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3rd circuit

Ladika, In re--Ladika v. Bank of N.Y.

Ruling
Minor error did not negate prima facie validity of claim based on foreclosure judgment. (Bankr. D.N.J.)
Issue(s)
Proof of Claim.

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Consumer opinion summary, case decided on November 07, 2024 , LexisNexis #0125-074

Barrett, In re

Ruling
Debtor's case transferred to district where he admitted to living for at least 180 days prior to petition date. (Bankr. E.D. Okla.)
Issue(s)
Venue of Cases Under Title 11.

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Consumer opinion summary, case decided on November 04, 2024 , LexisNexis #0125-072

Rite Aid Corp., In re

Ruling
Landlord's motion for payment of administrative claims denied given debtor's filing of assumption schedule was not a formal assumption and the lease subsequently was deemed rejected. (Bankr. D.N.J.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee's Time to Assume or Reject Lease of Nonresidential Real Property.

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Commercial opinion summary, case decided on October 24, 2024 , LexisNexis #0125-006

FTX Trading Ltd., In re--Alameda Rsch. Ltd. v. Giles

Ruling
Motions to dismiss fraudulent transfer claims denied as lack of details on transfer logistics precluded application of the safe harbor for transfers in connection with a securities contract. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.

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Consumer opinion summary, case decided on October 23, 2024 , LexisNexis #0125-015

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.

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Commercial opinion summary, case decided on October 04, 2024 , LexisNexis #1224-064

Carpenter, In re

Ruling
Attorney's application for fees was excessive as his invoice contained many entries that did not reflect a proper delegation of duties, excessive amounts billed to tasks, and non-billable administrative tasks. (Bankr. M.D. Pa.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-073

James Pine & Son Trucking LLC, In re

Ruling
Debtor offered no argument why the valuation standards under § 506 were not appropriate in a Subchapter V case. (Bankr. D.N.J.)
Issue(s)
Determination of Secured Status.

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Commercial opinion summary, case decided on September 27, 2024 , LexisNexis #1224-031

In re Maritas, International Unions, Sec., Police and Fire Pros. of Am. v. Maritas

Ruling
Creditors were entitled to relief from the automatic stay to proceed with litigation that would consolidate the resolution of all claims and parties in their respective forums. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Relief from Stay.

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Commercial opinion summary, case decided on September 27, 2024 , LexisNexis #1224-028

Iacovazzi, In re--SnowWolf v. Iacovazzi

Ruling
Plaintiff's complaint alleged sufficient facts to support non-dischargeability and breach of contract claim based on defendant's intentional misrepresentation of using non-existent business entity. (Bankr. M.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on September 26, 2024 , LexisNexis #1224-037

Hertz Corp., In re--Wells Fargo Bank, N.A. v. Hertz Corp.

Ruling
Bankruptcy court correctly disallowed claim for unmatured interest as it was either definitionally interest or its economic equivalent. (3d Cir.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unmatured Interest.

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Court :
Commercial opinion summary, case decided on September 10, 2024 , LexisNexis #0125-054